
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: 42USC5106]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
  CHAPTER 67--CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION REFORM
 
                      SUBCHAPTER I--GENERAL PROGRAM
 
Sec. 5106. Grants to public agencies and nonprofit private 
        organizations for demonstration programs and projects
        

(a) Demonstration programs and projects

    The Secretary may make grants to, and enter into contracts with, 
public agencies or private nonprofit agencies or organizations (or 
combinations of such agencies or organizations) for time limited, 
demonstration programs and projects for the following purposes:

                        (1) Training programs

        The Secretary may award grants to public or private nonprofit 
    organizations under this section--
            (A) for the training of professional and paraprofessional 
        personnel in the fields of medicine, law, education, social 
        work, and other relevant fields 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;
            (B) to improve the recruitment, selection, and training of 
        volunteers serving in public and private nonprofit children, 
        youth and family service organizations in order to prevent child 
        abuse and neglect through collaborative analysis of current 
        recruitment, selection, and training programs and development of 
        model programs for dissemination and replication nationally; and
            (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.

                     (2) Mutual support programs

        The Secretary may award grants to private nonprofit 
    organizations (such as Parents Anonymous) to establish or maintain a 
    national network of mutual support and self-help programs as a means 
    of strengthening families in partnership with their communities.

             (3) Other innovative programs and projects

        (A) In general

            The Secretary may award grants to public and private 
        nonprofit 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, schools, churches and synagogues, and other 
        community agencies to allow for the establishment of a triage 
        system that--
                (i) 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;
                (ii) provides, either directly or through referral, a 
            variety of community-linked services to assist families in 
            preventing child abuse and neglect; and
                (iii) provides further investigation and intensive 
            intervention where the child's safety is in jeopardy.

        (B) Kinship care

            The Secretary may award grants to public and private 
        nonprofit entities in not more than 10 States to assist such 
        entities in developing or implementing procedures using adult 
        relatives as the preferred placement for children removed from 
        their home, where such relatives are determined to be capable of 
        providing a safe nurturing environment for the child and where 
        such relatives comply with the State child protection standards.

        (C) Promotion of safe, family-friendly physical environments for 
                visitation and exchange

            The Secretary may award grants to entities to assist such 
        entities in establishing and operating safe, family-friendly 
        physical environments--
                (i) for court-ordered supervised visitation between 
            children and abusing parents; and
                (ii) to safely facilitate the exchange of children for 
            visits with noncustodian parents in cases of domestic 
            violence.

(b) Discretionary grants

    In addition to grants or contracts made under subsection (b) of this 
section, grants or contracts under this section may be used for the 
following:
        (1) Projects which provide educational identification, 
    prevention, and treatment services in cooperation with preschool and 
    elementary and secondary schools.
        (2) Respite and crisis nursery programs provided by community-
    based organizations under the direction and supervision of 
    hospitals.
        (3) Respite and crisis nursery programs provided by community-
    based organizations.
        (4)(A) Providing hospital-based information and referral 
    services to--
            (i) parents of children with disabilities; and
            (ii) children who have been neglected or abused 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 abuse or 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 neglected or abused regarding resources in 
        the community, particularly parent training resources, that will 
        assist such parents in caring for their child and reduce the 
        possibility of abuse or 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 a 
    nonprofit 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

    In making grants for demonstration projects under this section, the 
Secretary shall require all such projects to be evaluated for their 
effectiveness. Funding for such evaluations shall be provided either as 
a stated percentage of a demonstration grant or as a separate grant 
entered into by the Secretary for the purpose of evaluating a particular 
demonstration project or group of projects.

(Pub. L. 93-247, title I, Sec. 105, formerly Sec. 7, Jan. 31, 1974, 88 
Stat. 8; Pub. L. 98-457, title I, Sec. 106, Oct. 9, 1984, 98 Stat. 1751; 
Pub. L. 100-294, title I, Sec. 101, Apr. 25, 1988, 102 Stat. 108; 
renumbered title I, Sec. 106, Pub. L. 101-126, Sec. 3(a)(1), (2), Oct. 
25, 1989, 103 Stat. 764; Pub. L. 102-295, title I, Secs. 113, 141(1), 
(2), (5), May 28, 1992, 106 Stat. 191, 199, 200; renumbered Sec. 105 and 
amended Pub. L. 104-235, title I, Secs. 106, 113(a)(1)(A), Oct. 3, 1996, 
110 Stat. 3069, 3079.)


                            Prior Provisions

    A prior section 105 of Pub. L. 93-247 was renumbered section 104 and 
is classified to section 5105 of this title.


                               Amendments

    1996--Pub. L. 104-235, Sec. 106(1), struck out ``or service'' after 
``demonstration'' in section catchline.
    Subsec. (a). Pub. L. 104-235, Sec. 106(2), amended heading and text 
of subsec. (a) generally. Prior to amendment, text consisted of pars. 
(1) and (2) which related to general authority of Secretary to make 
grants and enter into contracts for demonstration or service programs 
and projects and to evaluate the effectiveness of those demonstration 
projects.
    Subsec. (b). Pub. L. 104-235, Sec. 106(3), (4), redesignated subsec. 
(c) as (b) and pars. (3) to (7) thereof as (1) to (5), respectively, 
struck out former pars. (1) and (2) which related to training programs 
and other innovative programs, respectively, and struck out heading and 
text of former subsec. (b). Text read as follows: ``The Secretary shall, 
directly or through grants or contracts with public or private nonprofit 
organizations under this section, provide for the establishment of 
resource centers--
        ``(1) serving defined geographic areas;
        ``(2) staffed by multidisciplinary teams of personnel trained in 
    the prevention, identification, and treatment of child abuse and 
    neglect; and
        ``(3) providing advice and consultation to individuals, 
    agencies, and organizations which request such services.''
    Subsec. (c). Pub. L. 104-235, Sec. 106(6), added subsec. (c). Former 
subsec. (c) redesignated (b).
    1992--Subsec. (a). Pub. L. 102-295, Sec. 113(a), designated existing 
provisions as par. (1), inserted heading, and added par. (2).
    Subsec. (c)(1)(B). Pub. L. 102-295, Sec. 141(5), substituted 
``disabilities'' for ``handicaps''.
    Pub. L. 102-295, Sec. 113(b)(1), inserted ``culturally specific'' 
before ``instruction''.
    Subsec. (c)(1)(C). Pub. L. 102-295, Sec. 113(b)(2), added subpar. 
(C).
    Subsec. (c)(6)(A)(i). Pub. L. 102-295, Sec. 141(5), substituted 
``children with disabilities'' for ``children with handicaps''.
    Subsec. (c)(6)(B)(i). Pub. L. 102-295, Sec. 141(1), substituted 
``child with disabilities'' for ``handicapped child''.
    Subsec. (c)(6)(C)(ii). Pub. L. 102-295, Sec. 141(2), substituted 
``child with disabilities'' for ``child with handicaps''.
    1988--Pub. L. 100-294 amended section generally, substituting 
provision authorizing grants to public agencies and nonprofit private 
organizations for demonstration or service programs and projects for 
provision directing the Secretary to ensure coordination among Federal 
programs related to child abuse and neglect. See section 5106e of this 
title.
    1984--Pub. L. 98-457 substituted ``among programs'' for ``between 
programs''.
