
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: 42USC5105]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
  CHAPTER 67--CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION REFORM
 
                      SUBCHAPTER I--GENERAL PROGRAM
 
Sec. 5105. Research and assistance activities


(a) Research

                             (1) Topics

        The Secretary shall, in consultation with other Federal agencies 
    and recognized experts in the field, carry out a continuing 
    interdisciplinary program of research that is designed to provide 
    information needed to better protect children from abuse or neglect 
    and to improve the well-being of abused or neglected children, with 
    at least a portion of such research being field initiated. Such 
    research program may focus on--
            (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;
            (C) appropriate, effective and culturally sensitive 
        investigative, administrative, and judicial procedures with 
        respect to cases of child abuse; and
            (D) the national incidence of child abuse and neglect, 
        including--
                (i) the extent to which incidents of child abuse are 
            increasing or decreasing in number and severity;
                (ii) the incidence of substantiated and unsubstantiated 
            reported child abuse 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 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; and
                (ix) the incidence and outcomes of abuse 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) Priorities

        (A) The Secretary shall establish research priorities for making 
    grants or contracts for purposes of carrying out paragraph (1).
        (B) In establishing research priorities as required by 
    subparagraph (A), the Secretary shall--
            (i) publish proposed priorities in the Federal Register for 
        public comment; and
            (ii) allow not less than 60 days for public comment on such 
        proposed priorities.

(b) Provision of technical assistance

                           (1) In general

        The Secretary shall provide technical assistance to State and 
    local public and nonprofit private agencies and organizations, 
    including disability organizations and persons who work with 
    children with disabilities, to assist such agencies and 
    organizations in planning, improving, developing, and carrying out 
    programs and activities relating to the prevention, assessment, 
    identification, and treatment of child abuse and neglect.

                           (2) Evaluation

        Such 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; and
            (C) effective programs carried out by the States under this 
        subchapter and subchapter III of this chapter.

                          (3) Dissemination

        The 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, and child welfare personnel in appropriate 
        methods of interacting during investigative, administrative, and 
        judicial proceedings with children who have been subjected to 
        abuse.

(c) Authority to make grants or enter into contracts

                           (1) In general

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

                            (2) Duration

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

                (3) Preference for long-term studies

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

(d) Peer review for grants

              (1) Establishment of peer review process

        (A) The Secretary shall, in consultation with experts in the 
    field and other federal \1\ agencies, establish a formal, rigorous, 
    and meritorious peer review process for purposes of evaluating and 
    reviewing applications for grants under this section and determining 
    the relative merits of the projects for which such assistance is 
    requested. The purpose of this process is to enhance the quality and 
    usefulness of research in the field of child abuse and neglect.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be capitalized.
---------------------------------------------------------------------------
        (B) In establishing the process required by subparagraph (A), 
    the Secretary shall appoint to the peer review panels only members 
    who are experts in the field of child abuse and neglect or related 
    disciplines, with appropriate expertise in the application to be 
    reviewed, and who are not individuals who are officers or employees 
    of the Administration on Children and Families. The panels shall 
    meet as often as is necessary to facilitate the expeditious review 
    of applications for grants and contracts under this section, but may 
    not meet less than once a year. The Secretary shall ensure that the 
    peer review panel utilizes scientifically valid review criteria and 
    scoring guidelines for review committees.

              (2) Review of applications for assistance

        Each 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) The Secretary shall provide grants and contracts under this 
    section from among the projects which the peer review panels 
    established under paragraph (1)(A) have determined to have merit.
        (B) In the instance in which the Secretary approves an 
    application for a program without having approved all applications 
    ranked above such application (as determined under paragraph 
    (2)(B)), the Secretary shall append to the approved application a 
    detailed explanation of the reasons relied on for approving the 
    application and for failing to approve each pending application that 
    is superior in merit, as indicated on the list under paragraph 
    (2)(B).

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


                            Prior Provisions

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


                               Amendments

    1996--Pub. L. 104-235, Sec. 105(f), struck out ``of the National 
Center on Child Abuse and Neglect'' after ``activities'' in section 
catchline.
    Subsec. (a)(1). Pub. L. 104-235, Sec. 105(a)(1)(A), in introductory 
provisions, substituted ``, in consultation with other Federal agencies 
and recognized experts in the field, carry out a continuing 
interdisciplinary program of research that is designed to provide 
information needed to better protect children from abuse or neglect and 
to improve the well-being of abused or neglected children, with at least 
a portion of such research being field initiated. Such research program 
may focus on'' for ``, through the Center, conduct research on''.
    Subsec. (a)(1)(A). Pub. L. 104-235, Sec. 105(a)(1)(C), added subpar. 
(A). Former subpar. (A) redesignated (B).
    Subsec. (a)(1)(B). Pub. L. 104-235, Sec. 105(a)(1)(B), (D), 
redesignated subpar. (A) as (B) and amended it generally. Prior to 
amendment, subpar. (B) read as follows: ``the causes, prevention, 
identification,, treatment and cultural distinctions of child abuse and 
neglect;''. Former subpar. (B) redesignated (C).
    Subsec. (a)(1)(C). Pub. L. 104-235, Sec. 105(a)(1)(B), redesignated 
subpar. (B) as (C). Former subpar. (C) redesignated (D).
    Subsec. (a)(1)(D). Pub. L. 104-235, Sec. 105(a)(1)(B), (E), 
redesignated subpar. (C) as (D), struck out cl. (ii), redesignated cl. 
(iii) as (ii) and amended it generally, and added cls. (iii) to (ix). 
Prior to amendment, cls. (ii) and (iii) read as follows:
    ``(ii) the relationship of child abuse and neglect to nonpayment of 
child support, cultural diversity, disabilities, and various other 
factors; and
    ``(iii) the incidence of substantiated reported child abuse cases 
that result in civil child protection proceedings or criminal 
proceedings, including the number of such cases with respect to which 
the court makes a finding that abuse or neglect exists and the 
disposition of such cases.''
    Subsec. (a)(2). Pub. L. 104-235, Sec. 105(a)(2), struck out ``and 
demonstration'' after ``research'', substituted ``paragraph (1)'' for 
``paragraph (1)(A) and activities under section 5106 of this title'' in 
subpar. (A) and struck out ``and demonstration'' after ``research'' in 
introductory provisions of subpar. (B).
    Subsec. (b). Pub. L. 104-235, Sec. 105(b), (c), redesignated subsec. 
(c) as (b)(1), inserted par. heading, struck out ``, through the 
Center,'' after ``Secretary shall'', inserted ``State and local'' before 
``public and nonprofit'' and ``assessment,'' before ``identification'', 
added pars. (2) and (3), and struck out heading and text of former 
subsec. (b) consisting of pars. (1) to (5) which related to publication 
and dissemination of information.
    Subsec. (c). Pub. L. 104-235, Sec. 105(d), redesignated subsec. (d) 
as (c) and in par. (2) struck out at end ``The Secretary shall review 
each such grant at least annually, utilizing peer review mechanisms to 
assure the quality and progress of research conducted under such 
grant.'' Former subsec. (c) redesignated (b).
    Subsec. (d). Pub. L. 104-235, Sec. 105(e), redesignated subsec. (e) 
as (d), in par. (1)(A) substituted ``, in consultation with experts in 
the field and other federal agencies, establish a formal, rigorous, and 
meritorious'' for ``establish a formal'', struck out ``and contracts'' 
after ``for grants'', and inserted at end ``The purpose of this process 
is to enhance the quality and usefulness of research in the field of 
child abuse and neglect.'', in par. (1)(B) substituted ``Administration 
on Children and Families'' for ``Office of Human Development'' and 
inserted at end ``The Secretary shall ensure that the peer review panel 
utilizes scientifically valid review criteria and scoring guidelines for 
review committees.'', in par. (2) struck out ``, contract, or other 
financial assistance'' after ``grant'' in introductory provisions and 
inserted ``The Secretary shall award grants under this section on the 
basis of competitive review.'' as concluding provisions, and in par. 
(3)(B) substituted ``paragraph (2)(B)'' for ``subsection (e)(2)(B) of 
this section'' in two places. Former subsec. (d) redesignated (c).
    Subsec. (e). Pub. L. 104-235, Sec. 105(e)(1), redesignated subsec. 
(e) as (d).
    1992--Subsec. (a)(1)(A). Pub. L. 102-295, Sec. 112(a)(1), 
substituted ``, treatment and cultural distinctions of'' for ``and 
treatment of''.
    Subsec. (a)(1)(B). Pub. L. 102-295, Sec. 112(a)(2), substituted 
``appropriate, effective and culturally sensitive'' for ``appropriate 
and effective''.
    Subsec. (a)(1)(C)(ii). Pub. L. 102-295, Secs. 112(a)(3), 141(5), 
substituted ``child support, cultural diversity, disabilities'' for 
``child support, handicaps''.
    Subsec. (b)(1). Pub. L. 102-295, Sec. 112(b), amended par. (1) 
generally. Prior to amendment, par. (1) read as follows: ``as a part of 
research activities establish a national data collection and analysis 
program, which, to the extent practical, coordinates existing State 
child abuse and neglect reports and which shall include--
        ``(A) standardized data on false, unfounded, or unsubstantiated 
    reports; and
        ``(B) information on the number of deaths due to child abuse and 
    neglect;''.
    Subsec. (c). Pub. L. 102-295, Sec. 141(5), substituted 
``disabilities'' for ``handicaps''.
    Subsec. (e)(1)(A). Pub. L. 102-295, Sec. 112(c)(1)(A), inserted 
``and reviewing'' after ``evaluating''.
    Subsec. (e)(1)(B). Pub. L. 102-295, Sec. 112(c)(1)(B), amended 
subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: 
``Members of peer review panels shall be appointed by the Secretary from 
among individuals who are not officers or employees of the Office of 
Human Development Services. In making appointments to such panels, the 
Secretary shall include only experts in the field of child abuse and 
neglect.''
    Subsec. (e)(2)(A). Pub. L. 102-295, Sec. 112(c)(2)(A), inserted 
``and evaluate'' after ``determine''.
    Subsec. (e)(2)(C). Pub. L. 102-295, Sec. 112(c)(2)(B), added subpar. 
(C).
    Subsec. (e)(3)(A). Pub. L. 102-295, Sec. 112(c)(3), amended subpar. 
(A) generally. Prior to amendment, subpar. (A) read as follows: ``At the 
end of each application process, the Secretary shall make available upon 
request, no later than 14 days after the request, to the Committee on 
Education and Labor of the House of Representatives and the Committee on 
Labor and Human Resources of the Senate the list which identifies all 
applications reviewed by such panel and arranges such applications 
according to rank determined under paragraph (2) and a list of all 
applications funded.''
    1989--Subsecs. (a)(2)(A), (b)(3). Pub. L. 101-126, Sec. 3(b)(3), 
made technical amendments to references to sections 5104, 5106, and 
5106c of this title to reflect renumbering of corresponding sections of 
original act.
    1988--Pub. L. 100-294 amended section generally, substituting 
provisions relating to research and assistance activities of the 
National Center on Child Abuse and Neglect for provisions relating to 
Advisory Board on Child Abuse and Neglect. See section 5102 of this 
title.
    1986--Subsec. (a). Pub. L. 99-401, Sec. 104(1), inserted after first 
sentence ``The Advisory Board shall meet at least every six months.''
    Pub. L. 99-401, Sec. 104(2), which directed that subsec. (a) be 
amended by inserting ``in order to prevent unnecessary duplication of 
such programs, to ensure efficient allocation of resources, and to 
assure that programs effectively address all aspects of the child abuse 
problem'' after ``Board'' in second sentence, was executed by inserting 
provision after ``Advisory Board'' the first time that term appeared in 
what constituted the second sentence before a new second sentence was 
added by section 104(1) of Pub. L. 99-401.
    1984--Subsec. (a). Pub. L. 98-457, Sec. 105(a), (b), struck out ``, 
including the Office of Child Development, the Department of Education, 
the National Institute of Education, the National Institute of Mental 
Health, the National Institute of Child Health and Human Development, 
the Social and Rehabilitation Service, and the Health Services 
Administration,'' before ``and not less than three members'', and 
inserted provision that the Advisory Board may be available, at the 
Secretary's request, to assist the Secretary in coordinating adoption-
related activities of the Federal Government.
    Subsecs. (b), (c). Pub. L. 98-457, Sec. 105(c), redesignated subsec. 
(c) as (b) and struck out former subsec. (b) which required the Board to 
review the comprehensive plan submitted to it by the Center pursuant to 
section 5101(b)(7) of this title, make such changes as it deemed 
appropriate, and submit to the President and the Congress a final such 
plan not later than eighteen months after April 24, 1978.
    1978--Subsec. (a). Pub. L. 95-266, Sec. 105(1), (2), inserted 
requirement for representation from the general public, and ``planned,'' 
before ``administered'' in two places.
    Subsec. (b). Pub. L. 95-266, Sec. 105(3), substituted provisions 
relating to review of the plan by the Advisory Board and submission to 
the President and Congress of a final plan, for provisions relating to a 
report by the Advisory Board on assisted programs, etc., and submission 
to the President and Congress.
    Subsec. (c). Pub. L. 95-266, Sec. 105(3), substituted provisions 
setting forth compensation and travel expense allowance authorizations 
for members of the Board, for provisions authorizing use of appropriated 
funds for required report.


                       Child Abuse and Disability

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


                   Child Abuse and Alcoholic Families

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


                       Study of Guardian-Ad-Litem

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


                             High Risk Study

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