
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC5106a]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
  CHAPTER 67--CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION REFORM
 
                      SUBCHAPTER I--GENERAL PROGRAM
 
Sec. 5106a. Grants to States for child abuse and neglect 
        prevention and treatment programs
        

(a) Development and operation grants

    The Secretary shall make grants to the States, based on the 
population of children under the age of 18 in each State that applies 
for a grant under this section, for purposes of assisting the States in 
improving the child protective services system of each such State in--
        (1) the intake, assessment, screening, and investigation of 
    reports of abuse and neglect;
        (2)(A) creating and improving the use of multidisciplinary teams 
    and interagency protocols to enhance investigations; and
        (B) improving legal preparation and representation, including--
            (i) procedures for appealing and responding to appeals of 
        substantiated reports of abuse and neglect; and
            (ii) provisions for the appointment of an individual 
        appointed to represent a child in judicial proceedings;

        (3) case management and delivery of services provided to 
    children and their families;
        (4) enhancing the general child protective system by improving 
    risk and safety assessment tools and protocols, automation systems 
    that support the program and track reports of child abuse and 
    neglect from intake through final disposition and information 
    referral systems;
        (5) developing, strengthening, and facilitating training 
    opportunities and requirements for individuals overseeing and 
    providing services to children and their families through the child 
    protection system;
        (6) developing and facilitating training protocols for 
    individuals mandated to report child abuse or neglect;
        (7) developing, strengthening, and supporting child abuse and 
    neglect prevention, treatment, and research programs in the public 
    and private sectors;
        (8) developing, implementing, or operating--
            (A) information and education programs or training programs 
        designed to improve the provision of services to disabled 
        infants with life-threatening conditions for--
                (i) professional and paraprofessional personnel 
            concerned with the welfare of disabled infants with life-
            threatening conditions, including personnel employed in 
            child protective services programs and health-care 
            facilities; and
                (ii) the parents of such infants; and

            (B) programs to assist in obtaining or coordinating 
        necessary services for families of disabled infants with life-
        threatening conditions, including--
                (i) existing social and health services;
                (ii) financial assistance; and
                (iii) services necessary to facilitate adoptive 
            placement of any such infants who have been relinquished for 
            adoption; or

        (9) developing and enhancing the capacity of community-based 
    programs to integrate shared leadership strategies between parents 
    and professionals to prevent and treat child abuse and neglect at 
    the neighborhood level.

(b) Eligibility requirements

                           (1) State plan

        (A) In general

            To be eligible to receive a grant under this section, a 
        State shall, at the time of the initial grant application and 
        every 5 years thereafter, prepare and submit to the Secretary a 
        State plan that specifies the areas of the child protective 
        services system described in subsection (a) of this section that 
        the State intends to address with amounts received under the 
        grant.

        (B) Additional requirement

            After the submission of the initial grant application under 
        subparagraph (A), the State shall provide notice to the 
        Secretary of any substantive changes to any State law relating 
        to the prevention of child abuse and neglect that may affect the 
        eligibility of the State under this section.

                          (2) Coordination

        A State plan submitted under paragraph (1) shall, to the maximum 
    extent practicable, be coordinated with the State plan under part B 
    of title IV of the Social Security Act [42 U.S.C. 620 et seq.] 
    relating to child welfare services and family preservation and 
    family support services, and shall contain an outline of the 
    activities that the State intends to carry out using amounts 
    received under the grant to achieve the purposes of this subchapter, 
    including--
            (A) an assurance in the form of a certification by the chief 
        executive officer of the State that the State has in effect and 
        is enforcing a State law, or has in effect and is operating a 
        Statewide program, relating to child abuse and neglect that 
        includes--
                (i) provisions or procedures for the reporting of known 
            and suspected instances of child abuse and neglect;
                (ii) procedures for the immediate screening, safety 
            assessment, and prompt investigation of such reports;
                (iii) procedures for immediate steps to be taken to 
            ensure and protect the safety of the abused or neglected 
            child and of any other child under the same care who may 
            also be in danger of abuse or neglect and ensuring their 
            placement in a safe environment;
                (iv) provisions for immunity from prosecution under 
            State and local laws and regulations for individuals making 
            good faith reports of suspected or known instances of child 
            abuse or neglect;
                (v) methods to preserve the confidentiality of all 
            records in order to protect the rights of the child and of 
            the child's parents or guardians, including requirements 
            ensuring that reports and records made and maintained 
            pursuant to the purposes of this subchapter and subchapter 
            III of this chapter shall only be made available to--
                    (I) individuals who are the subject of the report;
                    (II) Federal, State, or local government entities, 
                or any agent of such entities, having a need for such 
                information in order to carry out its responsibilities 
                under law to protect children from abuse and neglect;
                    (III) child abuse citizen review panels;
                    (IV) child fatality review panels;
                    (V) a grand jury or court, upon a finding that 
                information in the record is necessary for the 
                determination of an issue before the court or grand 
                jury; and
                    (VI) other entities or classes of individuals 
                statutorily authorized by the State to receive such 
                information pursuant to a legitimate State purpose;

                (vi) provisions which allow for public disclosure of the 
            findings or information about the case of child abuse or 
            neglect which has resulted in a child fatality or near 
            fatality;
                (vii) the cooperation of State law enforcement 
            officials, court of competent jurisdiction, and appropriate 
            State agencies providing human services in the 
            investigation, assessment, prosecution, and treatment of 
            child abuse or neglect;
                (viii) provisions requiring, and procedures in place 
            that facilitate the prompt expungement of any records that 
            are accessible to the general public or are used for 
            purposes of employment or other background checks in cases 
            determined to be unsubstantiated or false, except that 
            nothing in this section shall prevent State child protective 
            services agencies from keeping information on 
            unsubstantiated reports in their casework files to assist in 
            future risk and safety assessment;
                (ix) provisions and procedures requiring that in every 
            case involving an abused or neglected child which results in 
            a judicial proceeding, a guardian ad litem, who may be an 
            attorney or a court appointed special advocate (or both), 
            shall be appointed to represent the child in such 
            proceedings--
                    (I) to obtain first-hand, a clear understanding of 
                the situation and needs of the child; and
                    (II) to make recommendations to the court concerning 
                the best interests of the child;

                (x) the establishment of citizen review panels in 
            accordance with subsection (c);
                (xi) provisions, procedures, and mechanisms to be 
            effective not later than 2 years after October 3, 1996--
                    (I) for the expedited termination of parental rights 
                in the case of any infant determined to be abandoned 
                under State law; and
                    (II) by which individuals who disagree with an 
                official finding of abuse or neglect can appeal such 
                finding;

                (xii) provisions, procedures, and mechanisms to be 
            effective not later than 2 years after October 3, 1996, that 
            assure that the State does not require reunification of a 
            surviving child with a parent who has been found by a court 
            of competent jurisdiction--
                    (I) to have committed murder (which would have been 
                an offense under section 1111(a) of title 18 if the 
                offense had occurred in the special maritime or 
                territorial jurisdiction of the United States) of 
                another child of such parent;
                    (II) to have committed voluntary manslaughter (which 
                would have been an offense under section 1112(a) of 
                title 18 if the offense had occurred in the special 
                maritime or territorial jurisdiction of the United 
                States) of another child of such parent;
                    (III) to have aided or abetted, attempted, 
                conspired, or solicited to commit such murder or 
                voluntary manslaughter; or
                    (IV) to have committed a felony assault that results 
                in the serious bodily injury to the surviving child or 
                another child of such parent; and

                (xiii) an assurance that, upon the implementation by the 
            State of the provisions, procedures, and mechanisms under 
            clause (xii), conviction of any one of the felonies listed 
            in clause (xii) constitute grounds under State law for the 
            termination of parental rights of the convicted parent as to 
            the surviving children (although case-by-case determinations 
            of whether or not to seek termination of parental rights 
            shall be within the sole discretion of the State);

            (B) an assurance that the State has in place procedures for 
        responding to the reporting of medical neglect (including 
        instances of withholding of medically indicated treatment from 
        disabled infants with life-threatening conditions), procedures 
        or programs, or both (within the State child protective services 
        system), to provide for--
                (i) coordination and consultation with individuals 
            designated by and within appropriate health-care facilities;
                (ii) prompt notification by individuals designated by 
            and within appropriate health-care facilities of cases of 
            suspected medical neglect (including instances of 
            withholding of medically indicated treatment from disabled 
            infants with life-threatening conditions); and
                (iii) authority, under State law, for the State child 
            protective services system to pursue any legal remedies, 
            including the authority to initiate legal proceedings in a 
            court of competent jurisdiction, as may be necessary to 
            prevent the withholding of medically indicated treatment 
            from disabled infants with life threatening \1\ conditions;
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``life-threatening''.

            (C) a description of--
                (i) the services to be provided under the grant to 
            individuals, families, or communities, either directly or 
            through referrals aimed at preventing the occurrence of 
            child abuse and neglect;
                (ii) the training to be provided under the grant to 
            support direct line and supervisory personnel in report 
            taking, screening, assessment, decision making, and referral 
            for investigating suspected instances of child abuse and 
            neglect; and
                (iii) the training to be provided under the grant for 
            individuals who are required to report suspected cases of 
            child abuse and neglect; and

            (D) an assurance or certification that the programs or 
        projects relating to child abuse and neglect carried out under 
        part B of title IV of the Social Security Act [42 U.S.C. 620 et 
        seq.] comply with the requirements set forth in paragraph (1) 
        and this paragraph.

                           (3) Limitation

        With regard to clauses (v) and (vi) of paragraph (2)(A), nothing 
    in this section shall be construed as restricting the ability of a 
    State to refuse to disclose identifying information concerning the 
    individual initiating a report or complaint alleging suspected 
    instances of child abuse or neglect, except that the State may not 
    refuse such a disclosure where a court orders such disclosure after 
    such court has reviewed, in camera, the record of the State related 
    to the report or complaint and has found it has reason to believe 
    that the reporter knowingly made a false report.

                           (4) Definitions

        For purposes of this subsection--
            (A) the term ``near fatality'' means an act that, as 
        certified by a physician, places the child in serious or 
        critical condition; and
            (B) the term ``serious bodily injury'' means bodily injury 
        which involves substantial risk of death, extreme physical pain, 
        protracted and obvious disfigurement, or protracted loss or 
        impairment of the function of a bodily member, organ, or mental 
        faculty.

(c) Citizen review panels

                          (1) Establishment

        (A) In general

            Except as provided in subparagraph (B), each State to which 
        a grant is made under this section shall establish not less than 
        3 citizen review panels.

        (B) Exceptions

            (i) Establishment of panels by States receiving 
                    minimum allotment

                A State that receives the minimum allotment of $175,000 
            under section 5116b(b)(1)(A) of this title for a fiscal year 
            shall establish not less than 1 citizen review panel.
            (ii) Designation of existing entities

                A State may designate as panels for purposes of this 
            subsection one or more existing entities established under 
            State or Federal law, such as child fatality panels or 
            foster care review panels, if such entities have the 
            capacity to satisfy the requirements of paragraph (4) and 
            the State ensures that such entities will satisfy such 
            requirements.

                           (2) Membership

        Each panel established pursuant to paragraph (1) shall be 
    composed of volunteer members who are broadly representative of the 
    community in which such panel is established, including members who 
    have expertise in the prevention and treatment of child abuse and 
    neglect.

                            (3) Meetings

        Each panel established pursuant to paragraph (1) shall meet not 
    less than once every 3 months.

                            (4) Functions

        (A) In general

            Each panel established pursuant to paragraph (1) shall, by 
        examining the policies and procedures of State and local 
        agencies and where appropriate, specific cases, evaluate the 
        extent to which the agencies are effectively discharging their 
        child protection responsibilities in accordance with--
                (i) the State plan under subsection (b) of this section;
                (ii) the child protection standards set forth in 
            subsection (b) of this section; and
                (iii) any other criteria that the panel considers 
            important to ensure the protection of children, including--
                    (I) a review of the extent to which the State child 
                protective services system is coordinated with the 
                foster care and adoption programs established under part 
                E of title IV of the Social Security Act [42 U.S.C. 670 
                et seq.]; and
                    (II) a review of child fatalities and near 
                fatalities (as defined in subsection (b)(4) of this 
                section).

        (B) Confidentiality

            (i) In general

                The members and staff of a panel established under 
            paragraph (1)--
                    (I) shall not disclose to any person or government 
                official any identifying information about any specific 
                child protection case with respect to which the panel is 
                provided information; and
                    (II) shall not make public other information unless 
                authorized by State statute.
            (ii) Civil sanctions

                Each State that establishes a panel pursuant to 
            paragraph (1) shall establish civil sanctions for a 
            violation of clause (i).

                        (5) State assistance

        Each State that establishes a panel pursuant to paragraph (1)--
            (A) shall provide the panel access to information on cases 
        that the panel desires to review if such information is 
        necessary for the panel to carry out its functions under 
        paragraph (4); and
            (B) shall provide the panel, upon its request, staff 
        assistance for the performance of the duties of the panel.

                             (6) Reports

        Each panel established under paragraph (1) shall prepare and 
    make available to the public, on an annual basis, a report 
    containing a summary of the activities of the panel.

(d) Annual State data reports

    Each State to which a grant is made under this section shall 
annually work with the Secretary to provide, to the maximum extent 
practicable, a report that includes the following:
        (1) The number of children who were reported to the State during 
    the year as abused or neglected.
        (2) Of the number of children described in paragraph (1), the 
    number with respect to whom such reports were--
            (A) substantiated;
            (B) unsubstantiated; or
            (C) determined to be false.

        (3) Of the number of children described in paragraph (2)--
            (A) the number that did not receive services during the year 
        under the State program funded under this section or an 
        equivalent State program;
            (B) the number that received services during the year under 
        the State program funded under this section or an equivalent 
        State program; and
            (C) the number that were removed from their families during 
        the year by disposition of the case.

        (4) The number of families that received preventive services 
    from the State during the year.
        (5) The number of deaths in the State during the year resulting 
    from child abuse or neglect.
        (6) Of the number of children described in paragraph (5), the 
    number of such children who were in foster care.
        (7) The number of child protective services workers responsible 
    for the intake and screening of reports filed in the previous year.
        (8) The agency response time with respect to each such report 
    with respect to initial investigation of reports of child abuse or 
    neglect.
        (9) The response time with respect to the provision of services 
    to families and children where an allegation of abuse or neglect has 
    been made.
        (10) The number of child protective services workers responsible 
    for intake, assessment, and investigation of child abuse and neglect 
    reports relative to the number of reports investigated in the 
    previous year.
        (11) The number of children reunited with their families or 
    receiving family preservation services that, within five years, 
    result in subsequent substantiated reports of child abuse and 
    neglect, including the death of the child.
        (12) The number of children for whom individuals were appointed 
    by the court to represent the best interests of such children and 
    the average number of out of court contacts between such individuals 
    and children.

(e) Annual report by Secretary

    Within 6 months after receiving the State reports under subsection 
(d) of this section, the Secretary shall prepare a report based on 
information provided by the States for the fiscal year under such 
subsection and shall make the report and such information available to 
the Congress and the national clearinghouse for information relating to 
child abuse.

(Pub. L. 93-247, title I, Sec. 106, formerly Sec. 8, as added Pub. L. 
100-294, title I, Sec. 101, Apr. 25, 1988, 102 Stat. 110; renumbered 
title I, Sec. 107, Pub. L. 101-126, Sec. 3(a)(1), (2), Oct. 25, 1989, 
103 Stat. 764; amended Pub. L. 102-295, title I, Sec. 114(a)-(c), May 
28, 1992, 106 Stat. 192, 195; Pub. L. 102-586, Sec. 9(b), Nov. 4, 1992, 
106 Stat. 5037; renumbered Sec. 106 and amended Pub. L. 104-235, title 
I, Secs. 107, 113(a)(1)(A), Oct. 3, 1996, 110 Stat. 3071, 3079.)

                       References in Text

    The Social Security Act, referred to in subsecs. (b)(2) and 
(c)(4)(A), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. 
Parts B and E of title IV of the Act are classified generally to part B 
(Sec. 620 et seq.) and part E (Sec. 670 et seq.), respectively, of 
subchapter IV of chapter 7 of this title. For complete classification of 
this Act to the Code, see section 1305 of this title and Tables.

                          Codification

    October 3, 1996, referred to in subsec. (b)(2)(A)(xi), (xii), was in 
the original ``the date of the enactment of this section'', which was 
translated as meaning the date of enactment of Pub. L. 104-235, which 
amended this section generally, to reflect the probable intent of 
Congress.


                            Prior Provisions

    A prior section 106 of Pub. L. 93-247 was renumbered section 105 and 
is classified to section 5106 of this title.


                               Amendments

    1996--Pub. L. 104-235 reenacted section catchline without change and 
amended text generally, revising and restating subsecs. (a) and (b), 
substituting provisions relating to citizen review panels for provisions 
relating to State program plan in subsec. (c), provisions relating to 
annual State data reports for provisions relating to waivers in subsec. 
(d), provisions relating to annual report by Secretary for provisions 
relating to reduction of funds in case of failure to obligate in subsec. 
(e), and striking out subsecs. (f) and (g) which related to child 
welfare services and compliance and education grants, respectively.
    1992--Subsec. (a). Pub. L. 102-295, Sec. 114(a), amended subsec. (a) 
generally. Prior to amendment, subsec. (a) read as follows: ``The 
Secretary, through the Center, is authorized to make grants to the 
States for purposes of assisting the States in developing, 
strengthening, and carrying out child abuse and neglect prevention and 
treatment programs.''
    Subsec. (b)(4). Pub. L. 102-586 amended par. (4) generally. Prior to 
amendment, par. (4) read as follows: ``provide for methods to preserve 
the confidentiality of all records in order to protect the rights of the 
child and of the child's parents or guardians;''.
    Subsec. (c). Pub. L. 102-295, Sec. 114(b), added subsec. (c). Former 
subsec. (c) redesignated (d).
    Subsec. (d). Pub. L. 102-295, Sec. 114(b)(1), redesignated subsec. 
(c) as (d). Former subsec. (d) redesignated (e).
    Subsec. (d)(1). Pub. L. 102-295, Sec. 114(c), which directed the 
amendment of subsec. (d) by substituting ``subsection (a) of this 
section'' for ``this subsection'' in provisions preceding subparagraph 
(A), was executed by making the substitution the second place that 
phrase appeared in introductory provisions of par. (1) of subsec. (d) to 
reflect the probable intent of Congress.
    Subsecs. (e) to (g). Pub. L. 102-295, Sec. 114(b)(1), redesignated 
subsecs. (d) to (f) as (e) to (g), respectively.


                    Effective Date of 1992 Amendment

    Section 114(d) of Pub. L. 102-295, as amended by Pub. L. 103-171, 
Sec. 9(a), Dec. 2, 1993, 107 Stat. 1994, provided that: ``The amendments 
described in subsections (a) and (b) [amending this section] are made 
upon the date of the enactment of this Act [May 28, 1992]. Such 
amendments take effect on October 1 of the first fiscal year for which 
$40,000,000 or more is made available under subsection (a)(2)(B)(ii) of 
section 114 of the Child Abuse Prevention and Treatment Act [section 
5106h(a)(2)(B)(ii) of this title] (as amended by section 117 of this 
Act). Prior to such amendments taking effect, section 107(a) of the 
Child Abuse Prevention and Treatment Act [subsec. (a) of this section], 
as in effect on the day before the date of the enactment of this Act, 
continues to be in effect.''
    [Pub. L. 103-171, Sec. 9(b), Dec. 2, 1993, 107 Stat. 1994, provided 
that: ``The amendments made by subsection (a) [amending section 114(d) 
of Pub. L. 102-295, set out above] take effect on September 30, 1993.'']


                         Congressional Findings

    Section 9(a) of Pub. L. 102-586 provided that: ``The Congress finds 
that--
        ``(1) circumstances surrounding the death of a young boy named 
    Adam Mann in New York City prompted a shocking documentary focusing 
    on the inability of child protection services to protect suffering 
    children;
        ``(2) the documentary described in paragraph (1) showed the 
    serious need for systemic changes in our child welfare protection 
    system;
        ``(3) thorough, coordinated, and comprehensive investigation 
    will, it is hoped, lead to the prevention of abuse, neglect, or 
    death in the future;
        ``(4) an undue burden is placed on investigation due to strict 
    Federal and State laws and regulations regarding confidentiality;
        ``(5) while the Congress recognizes the importance of 
    maintaining the confidentiality of records pertaining to child 
    abuse, neglect, and death, often the purpose of confidentiality laws 
    and regulations are [sic] defeated when they have the effect of 
    protecting those responsible;
        ``(6) comprehensive and coordinated interagency communication 
    needs to be established, with adequate provisions to protect against 
    the public disclosure of any detrimental information need to be 
    established [sic];
        ``(7) certain States, including Georgia, North Carolina, 
    California, Missouri, Arizona, Minnesota, Oklahoma, and Oregon, have 
    taken steps to establish by statute interagency, multidisciplinary 
    fatality review teams to fully investigate incidents of death 
    believed to be caused by child abuse or neglect;
        ``(8) teams such as those described in paragraph (7) should be 
    established in every State, and their scope of review should be 
    expanded to include egregious incidents of child abuse and neglect 
    before the child in question dies; and
        ``(9) teams such as those described in paragraph (7) will 
    increase the accountability of child protection services.''

                  Section Referred to in Other Sections

    This section is referred to in sections 5106c, 5106h of this title.
