
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: 42USC5101]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
  CHAPTER 67--CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION REFORM
 
                      SUBCHAPTER I--GENERAL PROGRAM
 
Sec. 5101. Office on Child Abuse and Neglect


(a) Establishment

    The Secretary of Health and Human Services may establish an office 
to be known as the Office on Child Abuse and Neglect.

(b) Purpose

    The purpose of the Office established under subsection (a) of this 
section shall be to execute and coordinate the functions and activities 
of this subchapter and subchapter III of this chapter. In the event that 
such functions and activities are performed by another entity or 
entities within the Department of Health and Human Services, the 
Secretary shall ensure that such functions and activities are executed 
with the necessary expertise and in a fully coordinated manner involving 
regular intradepartmental and interdepartmental consultation with all 
agencies involved in child abuse and neglect activities.

(Pub. L. 93-247, title I, Sec. 101, formerly Sec. 2, Jan. 31, 1974, 88 
Stat. 5; Pub. L. 93-644, Sec. 8(d)(1), Jan. 4, 1975, 88 Stat. 2310; Pub. 
L. 95-266, title I, Sec. 101, Apr. 24, 1978, 92 Stat. 205; Pub. L. 98-
457, title I, Sec. 101, Oct. 9, 1984, 98 Stat. 1749; Pub. L. 99-401, 
title I, Sec. 103(a), Aug. 27, 1986, 100 Stat. 906; Pub. L. 100-294, 
title I, Sec. 101, Apr. 25, 1988, 102 Stat. 103; renumbered title I, 
Sec. 101, Pub. L. 101-126, Sec. 3(a)(1), (2), Oct. 25, 1989, 103 Stat. 
764; Pub. L. 104-235, title I, Sec. 101, Oct. 3, 1996, 110 Stat. 3064.)


                               Amendments

    1996--Pub. L. 104-235 amended section generally, substituting 
provisions relating to Office on Child Abuse and Neglect for provisions 
relating to National Center on Child Abuse and Neglect.
    1988--Pub. L. 100-294 amended section generally, substituting 
provisions relating to establishment, appointment of Director, and other 
staff and resources of National Center on Child Abuse and Neglect for 
provisions relating to establishment, functions, grant and contract 
authority, staff and resource availability, and use of funds of National 
Center on Child Abuse and Neglect. See sections 5105 to 5106d of this 
title.
    1986--Subsec. (b)(2). Pub. L. 99-401, Sec. 103(a)(2), added par. 
(2). Former par. (2) redesignated (3).
    Subsec. (b)(3), (4). Pub. L. 99-401, Sec. 103(a)(1), redesignated 
former pars. (2) and (3) as (3) and (4), respectively. Former par. (4) 
redesignated (6).
    Subsec. (b)(5). Pub. L. 99-401, Sec. 103(a)(3), added par. (5). 
Former par. (5) redesignated (7).
    Subsec. (b)(6). Pub. L. 99-401, Sec. 103(a)(1), redesignated former 
par. (4) as (6). Former par. (6) redesignated (8).
    Subsec. (b)(7). Pub. L. 99-401, Sec. 103(a)(1), (4), redesignated 
former par. (5) as (7) and amended it generally, substituting ``conduct 
research on the causes, prevention, identification, and treatment of 
child abuse and neglect, and on appropriate and effective investigative, 
administrative, and judicial procedures in cases of child abuse'' for 
``conduct research into the causes of child abuse and neglect, and into 
the prevention, identification, and treatment thereof''. Former par. (7) 
redesignated (9).
    Subsec. (b)(8), (9). Pub. L. 99-401, Sec. 103(a)(1), redesignated 
former pars. (6) and (7) as (8) and (9), respectively.
    Subsec. (b)(10). Pub. L. 99-401, Sec. 103(a)(5), added par. (10).
    1984--Subsec. (a). Pub. L. 98-457, Sec. 101(a), substituted ``Health 
and Human Services'' for ``Health, Education, and Welfare''.
    Subsec. (b)(6). Pub. L. 98-457, Sec. 101(b), amended par. (6) 
generally. Prior to amendment, par. (6) read as follows: ``make a 
complete and full study and investigation of the national incidence of 
child abuse and neglect, including a determination of the extent to 
which incidents of child abuse and neglect are increasing in number or 
severity; and''.
    Subsec. (b)(7). Pub. L. 98-457, Sec. 101(b), amended par. (7) 
generally. Prior to amendment, par. (7) read as follows: ``in 
consultation with Federal agencies serving on the Advisory Board on 
Child Abuse and Neglect (established by section 5105 of this title), 
prepare a comprehensive plan for seeking to bring about maximum 
coordination of the goals, objectives, and activities of all agencies 
and organizations which have responsibilities for programs and 
activities related to child abuse and neglect, and submit such plan to 
such Advisory Board not later than twelve months after April 24, 1978.''
    Subsec. (c). Pub. L. 98-457, Sec. 101(c), substituted ``The 
functions of the Secretary under subsection (b) of this section may be 
carried out'' for ``The Secretary may carry out his functions under 
subsection (b) of this section''.
    Subsec. (e). Pub. L. 98-457, Sec. 101(d), added subsec. (e).
    1978--Subsec. (b). Pub. L. 95-266, Sec. 101(1), in pars. (1) and (3) 
inserted requirement of dissemination of annual summary and training 
materials, respectively, and added par. (7).
    Subsec. (c). Pub. L. 95-266, Sec. 101(2), inserted provisions 
relating to duration and review of grants under subsec. (b)(5) of this 
section.
    Subsec. (d). Pub. L. 95-266, Sec. 101(3), added subsec. (d).
    1975--Subsec. (c). Pub. L. 93-644 added subsec. (c).


                      Short Title of 1998 Amendment

    Pub. L. 105-251, title II, Sec. 221, Oct. 9, 1998, 112 Stat. 1885, 
provided that: ``This subtitle [subtitle B (Secs. 221, 222) of title II 
of Pub. L. 105-251, amending sections 5119a and 5119b of this title] may 
be cited as the `Volunteers for Children Act'.''


                      Short Title of 1996 Amendment

    Section 1(a) of Pub. L. 104-235 provided that: ``This Act [enacting 
sections 5106i and 5116 to 5116i of this title, amending this section 
and sections 5102, 5104 to 5106, 5106a, 5106c to 5106f, 5106g to 5106i, 
5111, 5113, 5115, 5777, 10402, 10403, 10409, 10603a, and 13004 of this 
title, repealing sections 5103, 5106b, 5117 to 5117d, 5118 to 5118e, 
5778, and 11481 to 11489 of this title, amending provisions set out as 
notes under this section and section 670 of this title, and repealing 
provisions set out as notes under section 5117 of this title] may be 
cited as the `Child Abuse Prevention and Treatment Act Amendments of 
1996'.''


                      Short Title of 1994 Amendment

    For short title of subpart 1 of part E of title V of Pub. L. 103-
381, which enacted section 5115a of this title, as the ``Howard M. 
Metzenbaum Multiethnic Placement Act of 1994'', see section 551 of Pub. 
L. 103-382, set out as a Short Title note under section 5115a of this 
title.


                      Short Title of 1993 Amendment

    Pub. L. 103-209, Sec. 1, Dec. 20, 1993, 107 Stat. 2490, provided 
that: ``This Act [enacting sections 5119 to 5119c of this title and 
amending section 3759 of this title] may be cited as the `National Child 
Protection Act of 1993'.''


                      Short Title of 1992 Amendment

    Pub. L. 102-295, Sec. 1(a), May 28, 1992, 106 Stat. 187, provided 
that: ``This Act [enacting sections 5106f-1, 10414, and 10415 of this 
title, amending sections 5102, 5105, 5106, 5106a, 5106a-1, 5106c, 5106h, 
5111, 5113, 5115, 5116, 5116b to 5116d, 5117c, 5117d, 5118e, 10401 to 
10405, 10407 to 10410, 10412, and 10413 of this title, repealing section 
5112 of this title, and enacting provisions set out as notes under this 
section and sections 5106a, 5106h, 5117, 10401, and 10402 of this title] 
may be cited as the `Child Abuse, Domestic Violence, Adoption and Family 
Services Act of 1992'.''


                      Short Title of 1989 Amendment

    Section 1 of Pub. L. 101-126 provided that: ``This Act [amending 
this section and sections 5102 to 5106h and 5116 to 5116g of this title 
and enacting provisions set out as notes under section 5102 and 5116b of 
this title] may be cited as the `Child Abuse Prevention Challenge Grants 
Reauthorization Act of 1989'.''


                      Short Title of 1988 Amendment

    Section 1 of Pub. L. 100-294 provided that: ``This Act [enacting 
sections 5106a to 5106h and 10413 of this title, amending this section 
and sections 5102 to 5106, 5113, 5115, 10402, 10409, and 10410 of this 
title, repealing section 10411 of this title, and enacting provisions 
set out as notes under this section and section 5105 of this title] may 
be referred to as the `Child Abuse Prevention, Adoption, and Family 
Services Act of 1988'.''


                      Short Title of 1986 Amendment

    Section 1 of Pub. L. 99-401 provided that: ``This Act [enacting 
subchapter IV of this chapter and section 10603a of this title, amending 
this section and sections 290dd-3, 290ee-3, 5103, 5105, 10601, and 10603 
of this title, and enacting provisions set out as notes under this 
section and section 5117 of this title] may be cited as the `Children's 
Justice and Assistance Act of 1986'.''
    Section 101 of title I of Pub. L. 99-401 provided that: ``This title 
[enacting section 10603a of this title, amending this section and 
sections 290dd-3, 290ee-3, 5103, 5105, 10601, and 10603 of this title, 
and enacting provisions set out as notes under this section] may be 
cited as the `Children's Justice Act'.''
    For short title of title II of Pub. L. 99-401, which enacted 
subchapter IV of this chapter, as the ``Temporary Child Care for 
Handicapped Children and Crisis Nurseries Act of 1986'', see section 201 
of Pub. L. 99-401, set out as a Short Title note under section 5117 of 
this title.


                      Short Title of 1984 Amendment

    Section 1 of Pub. L. 98-457 provided: ``That this Act [enacting 
chapter 110 of this title, amending this section and sections 5102 to 
5106, 5111 to 5113, and 5115 of this title, and enacting provisions set 
out as notes under this section and sections 5102, 5103, and 10401 of 
this title] may be cited as the `Child Abuse Amendments of 1984'.''


                      Short Title of 1978 Amendment

    Section 1 of Pub. L. 95-266 provided: ``That this Act [enacting 
subchapter II of this chapter and amending this section and sections 
5102 to 5105 of this title] may be cited as the `Child Abuse Prevention 
and Treatment and Adoption Reform Act of 1978'.''


                               Short Title

    Section 1(a), formerly Sec. 1, of Pub. L. 93-247, as renumbered 
Sec. 1(a) and amended by Pub. L. 100-294, title I, Sec. 101, Apr. 25, 
1988, 102 Stat. 102, provided that: ``This Act [enacting this subchapter 
and subchapters III and V of this chapter] may be cited as the `Child 
Abuse Prevention and Treatment Act'.''


                               Regulations

    Section 401(a) of Pub. L. 100-294 provided that: ``For any rule or 
regulation needed to implement this Act [see Short Title of 1988 
Amendment note above], the Secretary of Health and Human Services 
shall--
        ``(1) publish proposed regulations for purposes of implementing 
    the amendments made by this Act before the expiration of the 90-day 
    period beginning on the date of the enactment of this Act [Apr. 25, 
    1988];
        ``(2) allow not less than 45 days for public comment on such 
    proposed regulations; and
        ``(3) publish final regulations for purposes of implementing the 
    amendments made by this Act before the end of the 195-day period 
    beginning on the date of the enactment of this Act.''


    Construction of Child Abuse Amendments of 1984 With Other Laws; 
                              Separability

    Section 127 of Pub. L. 98-457 provided that:
    ``(a) No provision of this Act or any amendment made by this Act 
[See Short Title of 1984 Amendment note above] is intended to affect any 
right or protection under section 504 of the Rehabilitation Act of 1973 
[29 U.S.C. 794].
    ``(b) No provision of this Act or any amendment made by this Act may 
be so construed as to authorize the Secretary or any other governmental 
entity to establish standards prescribing specific medical treatments 
for specific conditions, except to the extent that such standards are 
authorized by other laws.
    ``(c) If the provisions of any part of this Act or any amendment 
made by this Act or the application thereof to any person or 
circumstances be held invalid, the provisions of the other parts and 
their application to other persons or circumstances shall not be 
affected thereby.''


            Presidential Commission on Child and Youth Deaths

    Section 106 of Pub. L. 100-294 established a National Commission on 
Child and Youth Deaths to study and evaluate comprehensively Federal, 
State, and local public and private resources which affect child and 
youth deaths and to prepare and transmit to President and appropriate 
committees of Congress a report within 12 months after appointment of 
the Commission, and provided that the Commission terminates 90 days 
after transmitting the report.


                     Acquisition of Statistical Data

    Section 105 of Pub. L. 99-401 provided that:
    ``(a) Data Acquisition for 1987 and 1988.--The Attorney General 
shall acquire from criminal justice agencies statistical data, for the 
calendar years 1987 and 1988, about the incidence of child abuse, 
including child sexual abuse, and shall publish annually a summary of 
such data.
    ``(b) Modification of Uniform Crime Reporting Program.--(1) As soon 
as practicable, but in no case later than January 1, 1989, the Attorney 
General shall modify the uniform crime reporting program in the Federal 
Bureau of Investigation to include data on the age of the victim of the 
offense and the relationship, if any, of the victim to the offender, for 
types of offenses that may involve child abuse, including child sexual 
abuse.
    ``(2) The modification, once made, shall remain in effect until the 
later of--
        ``(A) 10 years after the date it is made; or
        ``(B) such ending date as may be set by the Attorney General.''


                         Congressional Findings

    Section 2 of Pub. L. 93-247, as added by Pub. L. 102-295, title I, 
Sec. 102(a), May 28, 1992, 106 Stat. 188, and amended by Pub. L. 104-
235, title I, Sec. 100, Oct. 3, 1996, 110 Stat. 3064, provided that: 
``Congress finds that--
        ``(1) each year, close to 1,000,000 American children are 
    victims of abuse and neglect;
        ``(2) many of these children and their families fail to receive 
    adequate protection or treatment;
        ``(3) the problem of child abuse and neglect requires a 
    comprehensive approach that--
            ``(A) integrates the work of social service, legal, health, 
        mental health, education, and substance abuse agencies and 
        organizations;
            ``(B) strengthens coordination among all levels of 
        government, and with private agencies, civic, religious, and 
        professional organizations, and individual volunteers;
            ``(C) emphasizes the need for abuse and neglect prevention, 
        assessment, investigation, and treatment at the neighborhood 
        level;
            ``(D) ensures properly trained and support staff with 
        specialized knowledge, to carry out their child protection 
        duties; and
            ``(E) is sensitive to ethnic and cultural diversity;
        ``(4) the failure to coordinate and comprehensively prevent and 
    treat child abuse and neglect threatens the futures of thousands of 
    children and results in a cost to the Nation of billions of dollars 
    in tangible expenditures, as well as significant intangible costs;
        ``(5) all elements of American society have a shared 
    responsibility in responding to this national child and family 
    emergency;
        ``(6) substantial reductions in the prevalence and incidence of 
    child abuse and neglect and the alleviation of its consequences are 
    matters of the highest national priority;
        ``(7) national policy should strengthen families to prevent 
    child abuse and neglect, provide support for intensive services to 
    prevent the unnecessary removal of children from families, and 
    promote the reunification of families if removal has taken place;
        ``(8) the child protection system should be comprehensive, 
    child-centered, family-focused, and community-based, should 
    incorporate all appropriate measures to prevent the occurrence or 
    recurrence of child abuse and neglect, and should promote physical 
    and psychological recovery and social re-integration in an 
    environment that fosters the health, safety, self-respect, and 
    dignity of the child;
        ``(9) because of the limited resources available in low-income 
    communities, Federal aid for the child protection system should be 
    distributed with due regard to the relative financial need of the 
    communities;
        ``(10) the Federal government should assist States and 
    communities with the fiscal, human, and technical resources 
    necessary to develop and implement a successful and comprehensive 
    child and family protection strategy;
        ``(11) the Federal government should provide leadership and 
    assist communities in their child and family protection efforts by--
            ``(A) promoting coordinated planning among all levels of 
        government;
            ``(B) generating and sharing knowledge relevant to child and 
        family protection, including the development of models for 
        service delivery;
            ``(C) strengthening the capacity of States to assist 
        communities;
            ``(D) allocating financial resources to assist States in 
        implementing community plans;
            ``(E) helping communities to carry out their child and 
        family protection plans by promoting the competence of 
        professional, paraprofessional, and volunteer resources; and
            ``(F) providing leadership to end the abuse and neglect of 
        the nation's children and youth.''

                  Section Referred to in Other Sections

    This section is referred to in section 5107 of this title.
