
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: 42USC13001b]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                   CHAPTER 132--VICTIMS OF CHILD ABUSE
 
  SUBCHAPTER I--IMPROVING INVESTIGATION AND PROSECUTION OF CHILD ABUSE 
                                  CASES
 
Sec. 13001b. Regional children's advocacy centers


(a) Establishment of regional children's advocacy program

    The Administrator, in coordination with the Director and with the 
Director of the Office of Victims of Crime, shall establish a children's 
advocacy program to--
        (1) focus attention on child victims by assisting communities in 
    developing child-focused, community-oriented, facility-based 
    programs designed to improve the resources available to children and 
    families;
        (2) provide support for nonoffending family members;
        (3) enhance coordination among community agencies and 
    professionals involved in the intervention, prevention, prosecution, 
    and investigation systems that respond to child abuse cases; and
        (4) train physicians and other health care and mental health 
    care professionals in the multidisciplinary approach to child abuse 
    so that trained medical personnel will be available to provide 
    medical support to community agencies and professionals involved in 
    the intervention, prevention, prosecution, and investigation systems 
    that respond to child abuse cases.

(b) Activities of regional children's advocacy program

                          (1) Administrator

        The Administrator, in coordination with the Director, shall--
            (A) establish regional children's advocacy program centers;
            (B) fund existing regional centers with expertise in the 
        prevention, judicial handling, and treatment of child abuse and 
        neglect; and
            (C) fund the establishment of freestanding facilities in 
        multidisciplinary programs within communities that have yet to 
        establish such facilities,

    for the purpose of enabling grant recipients to provide information, 
    services, and technical assistance to aid communities in 
    establishing multidisciplinary programs that respond to child abuse.

                        (2) Grant recipients

        A grant recipient under this section shall--
            (A) assist communities--
                (i) in developing a comprehensive, multidisciplinary 
            response to child abuse that is designed to meet the needs 
            of child victims and their families;
                (ii) in establishing a freestanding facility where 
            interviews of and services for abused children can be 
            provided;
                (iii) in preventing or reducing trauma to children 
            caused by multiple contacts with community professionals;
                (iv) in providing families with needed services and 
            assisting them in regaining maximum functioning;
                (v) in maintaining open communication and case 
            coordination among community professionals and agencies 
            involved in child protection efforts;
                (vi) in coordinating and tracking investigative, 
            preventive, prosecutorial, and treatment efforts;
                (vii) in obtaining information useful for criminal and 
            civil proceedings;
                (viii) in holding offenders accountable through improved 
            prosecution of child abuse cases;
                (ix) in enhancing professional skills necessary to 
            effectively respond to cases of child abuse through 
            training; and
                (x) in enhancing community understanding of child abuse; 
            and

            (B) provide training and technical assistance to local 
        children's advocacy centers in its census region that are grant 
        recipients under section 13002 of this title.

(c) Operation of regional children's advocacy program

                    (1) Solicitation of proposals

        Not later than 1 year after November 4, 1992, the Administrator 
    shall solicit proposals for assistance under this section.

                     (2) Minimum qualifications

        In order for a proposal to be selected, the Administrator may 
    require an applicant to have in existence, at the time the proposal 
    is submitted, 1 or more of the following:
            (A) A proven record in conducting activities of the kinds 
        described in subsection (c) of this section.
            (B) A facility where children who are victims of sexual or 
        physical abuse and their nonoffending family members can go for 
        the purpose of evaluation, intervention, evidence gathering, and 
        counseling.
            (C) Multidisciplinary staff experienced in providing 
        remedial counseling to children and families.
            (D) Experience in serving as a center for training and 
        education and as a resource facility.
            (E) National expertise in providing technical assistance to 
        communities with respect to the judicial handling of child abuse 
        and neglect.

                      (3) Proposal requirements

        (A) In general

            A proposal submitted in response to the solicitation under 
        paragraph (1) shall--
                (i) include a single or multiyear management plan that 
            outlines how the applicant will provide information, 
            services, and technical assistance to communities so that 
            communities can establish multidisciplinary programs that 
            respond to child abuse;
                (ii) demonstrate the ability of the applicant to operate 
            successfully a multidisciplinary child abuse program or 
            provide training to allow others to do so; and
                (iii) state the annual cost of the proposal and a 
            breakdown of those costs.

        (B) Content of management plan

            A management plan described in paragraph (3)(A) shall--
                (i) outline the basic activities expected to be 
            performed;
                (ii) describe the entities that will conduct the basic 
            activities;
                (iii) establish the period of time over which the basic 
            activities will take place; and
                (iv) define the overall program management and direction 
            by--
                    (I) identifying managerial, organizational, and 
                administrative procedures and responsibilities;
                    (II) demonstrating how implementation and monitoring 
                of the progress of the children's advocacy program after 
                receipt of funding will be achieved; and
                    (III) providing sufficient rationale to support the 
                costs of the plan.

                     (4) Selection of proposals

        (A) Competitive basis

            Proposals shall be selected under this section on a 
        competitive basis.

        (B) Criteria

            The Administrator, in coordination with the Director, shall 
        select proposals for funding that--
                (i) best result in developing and establishing 
            multidisciplinary programs that respond to child abuse by 
            assisting, training, and teaching community agencies and 
            professionals called upon to respond to child abuse cases;
                (ii) assist in resolving problems that may occur during 
            the development, operation, and implementation of a 
            multidisciplinary program that responds to child abuse; and
                (iii) carry out the objectives developed by the Board 
            \1\ under subsection (e)(2)(A) of this section;
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    \1\ So in original. Probably should not be capitalized.

            (C) \2\ to the greatest extent possible and subject to 
        available appropriations, ensure that at least 1 applicant is 
        selected from each of the 4 census regions of the country; and
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    \2\ So in original. Subpars. (C) and (D) probably should be cls. 
(iv) and (v), respectively, of subpar. (B).
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            (D) \2\ otherwise best carry out the purposes of this 
        section.

                       (5) Funding of program

        From amounts made available in separate appropriation Acts, the 
    Administrator shall provide to each grant recipient the financial 
    and technical assistance and other incentives that are necessary and 
    appropriate to carry out this section.

                     (6) Coordination of effort

        In order to carry out activities that are in the best interests 
    of abused and neglected children, a grant recipient shall consult 
    with other grant recipients on a regular basis to exchange ideas, 
    share information, and review children's advocacy program 
    activities.

(d) Review

       (1) Evaluation of regional children's advocacy program 
                                 activities

        The Administrator, in coordination with the Director, shall 
    regularly monitor and evaluate the activities of grant recipients 
    and shall determine whether each grant recipient has complied with 
    the original proposal and any modifications.

                          (2) Annual report

        A grant recipient shall provide an annual report to the 
    Administrator and the Director that--
            (A) describes the progress made in satisfying the purpose of 
        the children's advocacy program; and
            (B) states whether changes are needed and are being made to 
        carry out the purpose of the children's advocacy program.

                   (3) Discontinuation of funding

        (A) Failure to implement program activities

            If a grant recipient under this section substantially fails 
        in the implementation of the program activities, the 
        Administrator shall not discontinue funding until reasonable 
        notice and an opportunity for reconsideration is given.

        (B) Solicitation of new proposals

            Upon discontinuation of funding of a grant recipient under 
        this section, the Administrator shall solicit new proposals in 
        accordance with subsection (c) of this section.

(e) Children's advocacy advisory board

                     (1) Establishment of board

        (A) In general

            Not later than 120 days after November 4, 1992, the 
        Administrator and the Director, after consulting with 
        representatives of community agencies that respond to child 
        abuse cases, shall establish a children's advocacy advisory 
        board to provide guidance and oversight in implementing the 
        selection criteria and operation of the regional children's 
        advocacy program.

        (B) Membership

            (i) The board--
                (I) shall be composed of 12 members who are selected by 
            the Administrator, in coordination with the Director, a 
            majority of whom shall be individuals experienced in the 
            child abuse investigation, prosecution, prevention, and 
            intervention systems;
                (II) shall include at least 1 member from each of the 4 
            census regions; and
                (III) shall have members appointed for a term not to 
            exceed 3 years.

            (ii) Members of the Board \3\ may be reappointed for 
        successive terms.
---------------------------------------------------------------------------
    \3\ So in original. Probably should not be capitalized.
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                   (2) Review and recommendations

        (A) Objectives

            Not later than 180 days after November 4, 1992, and annually 
        thereafter, the Board \3\ shall develop and submit to the 
        Administrator and the Director objectives for the implementation 
        of the children's advocacy program activities described in 
        subsection (b) of this section.

        (B) Review

            The board shall annually--
                (i) review the solicitation and selection of children's 
            advocacy program proposals and make recommendations 
            concerning how each such activity can be altered so as to 
            better achieve the purposes of this section; and
                (ii) review the program activities and management plan 
            of each grant recipient and report its findings and 
            recommendations to the Administrator and the Director.

                      (3) Rules and regulations

        The Board \3\ shall promulgate such rules and regulations as it 
    deems necessary to carry out its duties under this section.

(f) Reporting

    The Attorney General and the Secretary of Health and Human Services 
shall submit to Congress, by March 1 of each year, a detailed review of 
the progress of the regional children's advocacy program activities.

(Pub. L. 101-647, title II, Sec. 213, as added Pub. L. 102-586, 
Sec. 6(b)(2), Nov. 4, 1992, 106 Stat. 5030.)


                            Prior Provisions

    A prior section 213 of Pub. L. 101-647 was renumbered section 214A 
and is classified to section 13003 of this title.


                     Termination of Advisory Boards

    Advisory boards established after Jan. 5, 1973, to terminate not 
later than the expiration of the 2-year period beginning on the date of 
their establishment, unless, in the case of a board established by the 
President or an officer of the Federal Government, such board is renewed 
by appropriate action prior to the expiration of such 2-year period, or 
in the case of a board established by Congress, its duration is 
otherwise provided by law. See sections 3(2) and 14 of Pub. L. 92-463, 
Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, 
Government Organization and Employees.

                  Section Referred to in Other Sections

    This section is referred to in sections 13001a, 13002, 13004 of this 
title.
