
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: 42USC5106g]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
  CHAPTER 67--CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION REFORM
 
                      SUBCHAPTER I--GENERAL PROGRAM
 
Sec. 5106g. Definitions

    For purposes of this subchapter--
        (1) the term ``child'' means a person who has not attained the 
    lesser of--
            (A) the age of 18; or
            (B) except in the case of sexual abuse, the age specified by 
        the child protection law of the State in which the child 
        resides;

        (2) the term ``child abuse and neglect'' means, at a minimum, 
    any recent act or failure to act on the part of a parent or 
    caretaker, which results in death, serious physical or emotional 
    harm, sexual abuse or exploitation, or an act or failure to act 
    which presents an imminent risk of serious harm;
        (3) the term ``Secretary'' means the Secretary of Health and 
    Human Services;
        (4) the term ``sexual abuse'' includes--
            (A) the employment, use, persuasion, inducement, enticement, 
        or coercion of any child to engage in, or assist any other 
        person to engage in, any sexually explicit conduct or simulation 
        of such conduct for the purpose of producing a visual depiction 
        of such conduct; or
            (B) the rape, and in cases of caretaker or inter-familial 
        relationships, statutory rape, molestation, prostitution, or 
        other form of sexual exploitation of children, or incest with 
        children;

        (5) the term ``State'' means each of the several States, the 
    District of Columbia, the Commonwealth of Puerto Rico, the Virgin 
    Islands, Guam, American Samoa, the Commonwealth of the Northern 
    Mariana Islands, and the Trust Territory of the Pacific Islands;
        (6) the term ``withholding of medically indicated treatment'' 
    means the failure to respond to the infant's life-threatening 
    conditions by providing treatment (including appropriate nutrition, 
    hydration, and medication) which, in the treating physician's or 
    physicians' reasonable medical judgment, will be most likely to be 
    effective in ameliorating or correcting all such conditions, except 
    that the term does not include the failure to provide treatment 
    (other than appropriate nutrition, hydration, or medication) to an 
    infant when, in the treating physician's or physicians' reasonable 
    medical judgment--
            (A) the infant is chronically and irreversibly comatose;
            (B) the provision of such treatment would--
                (i) merely prolong dying;
                (ii) not be effective in ameliorating or correcting all 
            of the infant's life-threatening conditions; or
                (iii) otherwise be futile in terms of the survival of 
            the infant; or

            (C) the provision of such treatment would be virtually 
        futile in terms of the survival of the infant and the treatment 
        itself under such circumstances would be inhumane.

(Pub. L. 93-247, title I, Sec. 111, formerly Sec. 14, as added Pub. L. 
100-294, title I, Sec. 101, Apr. 25, 1988, 102 Stat. 116; renumbered 
title I, Sec. 113, and amended Pub. L. 101-126, Sec. 3(a)(1), (2), 
(b)(7), Oct. 25, 1989, 103 Stat. 764, 765; renumbered Sec. 111 and 
amended Pub. L. 104-235, title I, Secs. 110, 113(a)(1)(B), Oct. 3, 1996, 
110 Stat. 3078, 3079.)


                            Prior Provisions

    A prior section 111 of Pub. L. 93-247 was renumbered section 109 and 
is classified to section 5106e of this title.


                               Amendments

    1996--Par. (1). Pub. L. 104-235, Sec. 110(1), (2)(A), redesignated 
par. (3) as (1) and struck out former par. (1) which read as follows: 
``the term `board' means the Advisory Board on Child Abuse and Neglect 
established under section 5102 of this title;''.
    Par. (2). Pub. L. 104-235, Sec. 110(2)(A), (3), redesignated par. 
(4) as (2) and amended it generally. Prior to amendment, par. (2) read 
as follows: ``the term `child abuse and neglect' means the physical or 
mental injury, sexual abuse or exploitation, negligent treatment, or 
maltreatment of a child by a person who is responsible for the child's 
welfare, under circumstances which indicate that the child's health or 
welfare is harmed or threatened thereby, as determined in accordance 
with regulations prescribed by the Secretary;''.
    Pub. L. 104-235, Sec. 110(1) struck out par. (2) which read as 
follows: ``the term `Center' means the National Center on Child Abuse 
and Neglect established under section 5101 of this title;''.
    Par. (3). Pub. L. 104-235, Sec. 110(2)(A), redesignated par. (6) as 
(3). Former par. (3) redesignated (1).
    Par. (4). Pub. L. 104-235, Sec. 110(2)(A), (4), redesignated par. 
(7) as (4) and in subpar. (B) inserted ``, and in cases of caretaker or 
inter-familial relationships, statutory rape'' after ``rape''. Former 
par. (4) redesignated (2).
    Par. (5). Pub. L. 104-235, Sec. 110(1), (2)(A), redesignated par. 
(8) as (5) and struck out former par. (5) which read as follows: ``the 
term `person who is responsible for the child's welfare' includes--
        ``(A) any employee of a residential facility; and
        ``(B) any staff person providing out-of-home care;''.
    Par. (6). Pub. L. 104-235, Sec. 110(2)(B), redesignated par. (10) as 
(6). Former par. (6) redesignated (3).
    Pars. (7), (8). Pub. L. 104-235, Sec. 110(2)(A), redesignated pars. 
(7) and (8) as (4) and (5), respectively.
    Par. (9). Pub. L. 104-235, Sec. 110(1), struck out par. (9) which 
read as follows: ``the term `task force' means the Inter-Agency Task 
Force on Child Abuse and Neglect established under section 5103 of this 
title; and''.
    Par. (10). Pub. L. 104-235, Sec. 110(2)(B), redesignated par. (10) 
as (6).
    1989--Pub. L. 101-126, Sec. 3(b)(7)(A), made technical amendment to 
reference to this subchapter to reflect the insertion of title 
designations in the original act.
    Pars. (1), (2), (9). Pub. L. 101-126, Sec. 3(b)(7)(B)-(D), made 
technical amendments to references to sections 5101, 5102, and 5103 of 
this title to reflect renumbering of corresponding sections of original 
act.

          Termination of Trust Territory of the Pacific Islands

    For termination of Trust Territory of the Pacific Islands, see note 
set out preceding section 1681 of Title 48, Territories and Insular 
Possessions.
