
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: 42USC5106c]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
  CHAPTER 67--CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION REFORM
 
                      SUBCHAPTER I--GENERAL PROGRAM
 
Sec. 5106c. Grants to States for programs relating to 
        investigation and prosecution of child abuse and neglect cases
        

(a) Grants to States

    The Secretary, in consultation with the Attorney General, is 
authorized to make grants to the States for the purpose of assisting 
States in developing, establishing, and operating programs designed to 
improve--
        (1) the handling of child abuse and neglect cases, particularly 
    cases of child sexual abuse and exploitation, in a manner which 
    limits additional trauma to the child victim;
        (2) the handling of cases of suspected child abuse or neglect 
    related fatalities; and
        (3) the investigation and prosecution of cases of child abuse 
    and neglect, particularly child sexual abuse and exploitation.

(b) Eligibility requirements

    In order for a State to qualify for assistance under this section, 
such State shall--
        (1) fulfill the requirements of section 5106a(b) \1\ of this 
    title;
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    \1\ See References in Text note below.
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        (2) establish a task force as provided in subsection (c) of this 
    section;
        (3) fulfill the requirements of subsection (d) of this section;
        (4) submit annually an application to the Secretary at such time 
    and containing such information and assurances as the Secretary 
    considers necessary, including an assurance that the State will--
            (A) make such reports to the Secretary as may reasonably be 
        required; and
            (B) maintain and provide access to records relating to 
        activities under subsections (a) and (b) of this section; and

        (5) submit annually to the Secretary a report on the manner in 
    which assistance received under this program was expended throughout 
    the State, with particular attention focused on the areas described 
    in paragraphs (1) through (3) of subsection (a) of this section.

(c) State task forces

                          (1) General rule

        Except as provided in paragraph (2), a State requesting 
    assistance under this section shall establish or designate, and 
    maintain, a State multidisciplinary task force on children's justice 
    (hereinafter referred to as ``State task force'') composed of 
    professionals with knowledge and experience relating to the criminal 
    justice system and issues of child physical abuse, child neglect, 
    child sexual abuse and exploitation, and child maltreatment related 
    fatalities. The State task force shall include--
            (A) individuals representing the law enforcement community;
            (B) judges and attorneys involved in both civil and criminal 
        court proceedings related to child abuse and neglect (including 
        individuals involved with the defense as well as the prosecution 
        of such cases);
            (C) child advocates, including both attorneys for children 
        and, where such programs are in operation, court appointed 
        special advocates;
            (D) health and mental health professionals;
            (E) individuals representing child protective service 
        agencies;
            (F) individuals experienced in working with children with 
        disabilities;
            (G) parents; and
            (H) representatives of parents' groups.

                       (2) Existing task force

        As determined by the Secretary, a State commission or task force 
    established after January 1, 1983, with substantially comparable 
    membership and functions, may be considered the State task force for 
    purposes of this subsection.

(d) State task force study

    Before a State receives assistance under this section, and at three 
year intervals thereafter, the State task force shall comprehensively--
        (1) review and evaluate State investigative, administrative and 
    both civil and criminal judicial handling of cases of child abuse 
    and neglect, particularly child sexual abuse and exploitation, as 
    well as cases involving suspected child maltreatment related 
    fatalities and cases involving a potential combination of 
    jurisdictions, such as interstate, Federal-State, and State-Tribal; 
    and
        (2) make policy and training recommendations in each of the 
    categories described in subsection (e) of this section.

The task force may make such other comments and recommendations as are 
considered relevant and useful.

(e) Adoption of State task force recommendations

                          (1) General rule

        Subject to the provisions of paragraph (2), before a State 
    receives assistance under this section, a State shall adopt 
    recommendations of the State task force in each of the following 
    categories--
            (A) investigative, administrative, and judicial handling of 
        cases of child abuse and neglect, particularly child sexual 
        abuse and exploitation, as well as cases involving suspected 
        child maltreatment related fatalities and cases involving a 
        potential combination of jurisdictions, such as interstate, 
        Federal-State, and State-Tribal, in a manner which reduces the 
        additional trauma to the child victim and the victim's family 
        and which also ensures procedural fairness to the accused;
            (B) experimental, model and demonstration programs for 
        testing innovative approaches and techniques which may improve 
        the prompt and successful resolution of civil and criminal court 
        proceedings or enhance the effectiveness of judicial and 
        administrative action in child abuse and neglect cases, 
        particularly child sexual abuse and exploitation cases, 
        including the enhancement of performance of court-appointed 
        attorneys and guardians ad litem for children, and which also 
        ensure procedural fairness to the accused; and
            (C) reform of State laws, ordinances, regulations, protocols 
        and procedures to provide comprehensive protection for children 
        from abuse, particularly child sexual abuse and exploitation, 
        while ensuring fairness to all affected persons.

                            (2) Exemption

        As determined by the Secretary, a State shall be considered to 
    be in fulfillment of the requirements of this subsection if--
            (A) the State adopts an alternative to the recommendations 
        of the State task force, which carries out the purpose of this 
        section, in each of the categories under paragraph (1) for which 
        the State task force's recommendations are not adopted; or
            (B) the State is making substantial progress toward adopting 
        recommendations of the State task force or a comparable 
        alternative to such recommendations.

(f) Funds available

    For grants under this section, the Secretary shall use the amount 
authorized by section 10603a of this title.

(Pub. L. 93-247, title I, Sec. 107, formerly Sec. 10, as added Pub. L. 
100-294, title I, Sec. 101, Apr. 25, 1988, 102 Stat. 113; renumbered 
title I, Sec. 109, and amended Pub. L. 101-126, Sec. 3(a)(1), (2), 
(b)(5), Oct. 25, 1989, 103 Stat. 764, 765; Pub. L. 102-295, title I, 
Sec. 116(a), May 28, 1992, 106 Stat. 195; renumbered Sec. 107 and 
amended Pub. L. 104-235, title I, Sec. 113(a)(1)(B), (2), Oct. 3, 1996, 
110 Stat. 3079.)

                       References in Text

    Section 5106a(b) of this title, referred to in subsec. (b)(1), was 
in the original a reference to section 107(b), meaning section 107(b) of 
Pub. L. 93-247. Section 107 of Pub. L. 93-247 was renumbered section 106 
by Pub. L. 104-235, title I, Sec. 113(a)(1)(A), Oct. 3, 1996, 110 Stat. 
3079. Section 109 of Pub. L. 93-247 was renumbered section 107 and is 
classified to this section.


                            Prior Provisions

    A prior section 107 of Pub. L. 93-247 was renumbered section 106 and 
is classified to section 5106a of this title.


                               Amendments

    1996--Subsec. (a). Pub. L. 104-235, Sec. 113(a)(2)(A), substituted 
``The Secretary, in consultation'' for ``The Secretary, acting through 
the Center and in consultation'' in introductory provisions.
    Subsec. (b)(1). Pub. L. 104-235, Sec. 113(a)(2)(B), substituted 
``section'' for ``sections''.
    Subsec. (c)(1). Pub. L. 104-235, Sec. 113(a)(2)(C), inserted comma 
after ``maintain'' in introductory provisions and semicolon at end of 
subpar. (F).
    Subsec. (d)(1). Pub. L. 104-235, Sec. 113(a)(2)(D), inserted ``and'' 
at end.
    1992--Pub. L. 102-295, Sec. 116(a)(1), in section catchline inserted 
``and neglect'' after ``child abuse''.
    Subsec. (a). Pub. L. 102-295, Sec. 116(a)(2), added pars. (1) to (3) 
and struck out former pars. (1) and (2) which read as follows:
    ``(1) the handling of child abuse cases, particularly cases of child 
sexual abuse, in a manner which limits additional trauma to the child 
victim; and
    ``(2) the investigation and prosecution of cases of child abuse, 
particularly child sexual abuse.''
    Subsec. (b)(1). Pub. L. 102-295, Sec. 116(a)(3)(A), substituted 
``sections 5106a(b) of this title'' for ``sections 5106a(b) and 5106a(e) 
of this title or receive a waiver under section 5106a(c) of this 
title''.
    Subsec. (b)(4). Pub. L. 102-295, Sec. 116(a)(3)(C), inserted 
``annually'' after ``submit''.
    Subsec. (b)(5). Pub. L. 102-295, Sec. 116(a)(3)(B), (D), added par. 
(5).
    Subsec. (c)(1). Pub. L. 102-295, Sec. 116(a)(4), in introductory 
provisions inserted ``, and maintain'' after ``designate'' and 
substituted ``child physical abuse, child neglect, child sexual abuse 
and exploitation, and child maltreatment related fatalities'' for 
``child abuse'', in subpar. (B) substituted ``judges and attorneys 
involved in both civil and criminal court proceedings related to child 
abuse and neglect'' for ``judicial and legal officers'', in subpar. (C) 
inserted ``, including both attorneys for children and, where such 
programs are in operation, court appointed special advocates'', and in 
subpar. (F) substituted ``disabilities'' for ``handicaps;''.
    Subsec. (d). Pub. L. 102-295, Sec. 116(a)(5), in introductory 
provisions substituted ``and at three year intervals thereafter, the 
State task force shall comprehensively'' for ``the State task force 
shall'', in par. (1) substituted ``both civil and criminal judicial 
handling of cases of child abuse and neglect, particularly child sexual 
abuse and exploitation, as well as cases involving suspected child 
maltreatment related fatalities and cases involving a potential 
combination of jurisdictions, such as interstate, Federal-State, and 
State-Tribal;'' for ``judicial handling of cases of child abuse, 
particularly child sexual abuse; and'' and in par. (2) inserted ``policy 
and training'' before ``recommendations''.
    Subsec. (e)(1)(A). Pub. L. 102-295, Sec. 116(a)(6)(A), substituted 
``child abuse and neglect, particularly child sexual abuse and 
exploitation, as well as cases involving suspected child maltreatment 
related fatalities and cases involving a potential combination of 
jurisdictions, such as interstate, Federal-State, and State-Tribal, in a 
manner which reduces the additional trauma to the child victim and the 
victim's family'' for ``child abuse, particularly child sexual abuse 
cases, in a manner which reduces the additional trauma to the child 
victim''.
    Subsec. (e)(1)(B). Pub. L. 102-295, Sec. 116(a)(6)(B), which 
directed substitution of ``improve the prompt and successful resolution 
of civil and criminal court proceedings or enhance the effectiveness of 
judicial and administrative action in child abuse and neglect cases, 
particularly child sexual abuse and exploitation cases, including the 
enhancement of performance of court-appointed attorneys and guardians ad 
litem for children'' for ``improve the rate'' and all that followed 
through ``abuse cases'', was executed by making the substitution for 
``improve the rate of successful prosecution or enhance the 
effectiveness of judicial and administrative action in child abuse 
cases, particularly child sexual abuse cases'' to reflect the probable 
intent of Congress and the fact that ``abuse cases'' appeared twice.
    Subsec. (e)(1)(C). Pub. L. 102-295, Sec. 116(a)(6)(C), inserted ``, 
protocols'' after ``regulations'' and ``and exploitation'' after 
``sexual abuse''.
    1989--Subsec. (b)(1). Pub. L. 101-126, Sec. 3(b)(5), made technical 
amendments to references to section 5106a of this title to reflect 
renumbering of corresponding section of original act.

                  Section Referred to in Other Sections

    This section is referred to in sections 5106f, 10603a of this title.
