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42 U.S.C. § 5101 — Office on Child Abuse and Neglect
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** The Secretary of Health and Human Services may establish an office to be known as the Office on Child Abuse and Neglect.
**(b) Purpose** The purpose of the Office established under subsection (a) shall be to execute and coordinate the functions and activities of this subchapter and subchapter III. In the event that such functions and activities are performed by another entity or entities within the Department of Health and Human Services, the Secretary shall ensure that such functions and activities are executed with the necessary expertise and in a fully coordinated manner involving regular intradepartmental and interdepartmental consultation with all agencies involved in child abuse and neglect activities.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5101
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Stable record: federal_law:legal_authorities:record_usc_073877fb0d4c601a3a5e7491
Source file: Laws/federal/codes/united-states-code/title-42/section-5101-office-on-child-abuse-and-neglect--75484048e4.md
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Source location: Title 42, Chapter 67, § 5101; chapter-067-child-abuse-prevention-and-treatment-and-adoption-reform.md
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**(a) Establishment** The Secretary of Health and Human Services may establish an office to be known as the Office on Child Abuse and Neglect.
**(b) Purpose** The purpose of the Office established under subsection (a) shall be to execute and coordinate the functions and activities of this subchapter and subchapter III. In the event that such functions and activities are performed by another entity or entities within the Department of Health and Human Services, the Secretary shall ensure that such functions and activities are executed with the necessary expertise and in a fully coordinated manner involving regular intradepartmental and interdepartmental consultation with all agencies involved in child abuse and neglect activities.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Data acquisition for 1987 and 1988** The Attorney General shall acquire from criminal justice agencies statistical data, for the calendar years 1987 and 1988, about the incidence of child abuse, including child sexual abuse, and shall publish annually a summary of such data.
**(b) Modification of uniform crime reporting program**
(1) As soon as practicable, but in no case later than January 1, 1989, the Attorney General shall modify the uniform crime reporting program in the Federal Bureau of Investigation to include data on the age of the victim of the offense and the relationship, if any, of the victim to the offender, for types of offenses that may involve child abuse, including child sexual abuse.
(2) The modification, once made, shall remain in effect until the later of—
(A) 10 years after the date it is made; or
(B) such ending date as may be set by the Attorney General.
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 41302
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** For purposes of this subchapter—
(1) the term “Alaska Native” has the meaning given the term “Native” in [section 1602 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1602&num=0&edition=prelim);
(2) the term “infant or toddler with a disability” has the meaning given the term in [section 1432 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1432&num=0&edition=prelim);
(3) the term “Native Hawaiian” has the meaning given the term in [section 7517 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7517&num=0&edition=prelim);
(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; and
(5) 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 in
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5106g
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The court may dismiss a case under this chapter only after notice and a hearing and only for cause, including—
(1) unreasonable delay by the debtor that is prejudicial to creditors;
(2) nonpayment of any fees or charges required under chapter 123 of title 28; and
(3) failure of the debtor in a voluntary case to file, within fifteen days or such additional time as the court may allow after the filing of the petition commencing such case, the information required by paragraph (1) of section 521(a), but only on a motion by the United States trustee.
**(b)**
(1) After notice and a hearing, the court, on its own motion or on a motion by the United States trustee, trustee (or bankruptcy administrator, if any), or any party in interest, may dismiss a case filed by an individual debtor under this chapter whose debts are primarily consumer debts, or, with the debtor’s consent, convert such a case to a case under chapter 11 or 13 of this title, if it finds that the granting of relief would be an abuse of the provisions of this chapter. In making a determination whether to dismiss a case under this section, the court may not take into consideration whether a debtor has made, or continues to make, charitable contributions (that meet the definition of “charitable contribution” under section 548(d)(3)) to any qualified religious or charitable entity or organization (as that term is defined in section 548(d)(4)).
(2)
(A)
(i) In considering under paragraph (1) whether the granting of relief would be an abuse of the provisions of this chapter, the court shall presume abuse exists if the debtor’s current monthly income reduced by the amounts determined under clauses (ii), (iii), and (iv), and multiplied by 60 is not less than the lesser of—
(I) 25 percent of
Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 707
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 10603a was editorially reclassified as [section 20104 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section20104&num=0&edition=prelim), Crime Control and Law Enforcement.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10603a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** There are authorized to be appropriated such sums as may be necessary to carry out this subchapter.
**(b) Availability of appropriations** Notwithstanding any other provision of this chapter, the provision of funds under this chapter shall be subject to the availability of appropriations and the Secretary is not required to reduce funding for programs, projects, or activities serving a tribe in order to make funds available to another tribe or tribal organization under this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5304
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 103–382, title V, § 553, Oct. 20, 1994, 108 Stat. 4056, related to multiethnic placements.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5115a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Development and operation grants** The Secretary shall make grants to the States, from allotments made under subsection (f) for 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 child abuse or neglect;
(2)
(A) creating and improving the use of multidisciplinary teams and interagency, intra-agency, interstate, and intrastate protocols to enhance investigations; and
(B) improving legal preparation and representation, including—
(i) procedures for appealing and responding to appeals of substantiated reports of child abuse or neglect; and
(ii) provisions for the appointment of an individual appointed to represent a child in judicial proceedings;
(3) case management, including ongoing case monitoring, and delivery of services and treatment provided to children and their families;
(4) enhancing the general child protective system by developing, improving, and implementing risk and safety assessment tools and protocols, including the use of differential response;
(5) developing and updating systems of technology that support the program and track reports of child abuse and neglect from intake through final disposition and allow interstate and intrastate information exchange;
(6) developing, strengthening, and facilitating training including—
(A) training regarding research-based strategies, including the use of differential response, to promote collaboration with the families;
(B) training regarding the legal duties of such individuals;
(C) personal safety training for case workers; and
(D) training in early childhood, child, and adolescent development;
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5106a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Employer practices** It shall be unlawful for an employer—
(1) to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s age;
(2) to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s age; or
(3) to reduce the wage rate of any employee in order to comply with this chapter.
**(b) Employment agency practices** It shall be unlawful for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of such individual’s age, or to classify or refer for employment any individual on the basis of such individual’s age.
**(c) Labor organization practices** It shall be unlawful for a labor organization—
(1) to exclude or to expel from its membership, or otherwise to discriminate against, any individual because of his age;
(2) to limit, segregate, or classify its membership, or to classify or fail or refuse to refer for employment any individual, in any way which would deprive or tend to deprive any individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment, because of such individual’s age;
(3) to cause or attempt to cause an employer to discriminate against an individual in violation of this section.
**(d) Opposition to unlawful practices; participation in investigations, proceedings, or litigation** It shall be unlawful for an employer to discriminate against any
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 623
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Federal law — U.S. Code and appendices · legal_authorities
**(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, including longitudinal research, that is designed to provide information needed to better protect children from child abuse or neglect and to improve the well-being of victims of child abuse or neglect, 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, including the effects of child abuse and neglect on a child’s development and the identification of successful early intervention services or other services that are needed;
(C) effective approaches to improving the relationship and attachment of infants and toddlers who experience child abuse or neglect with their parents or primary caregivers in circumstances where reunification is appropriate;
(D) appropriate, effective and culturally sensitive investigative, administrative, and judicial systems, including multidisciplinary, coordinated decisionmaking procedures with respect to cases of child abuse and neglect;
(E) the evaluation and dissemination of best practices, including best practices to meet the needs of special populations, consistent with the goals of achieving improvements in the child protective services systems of the States in accordance with paragraphs (1) through (14) of [section 5106a(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5106a/a&num=0&edition=prelim);
(F) effective approaches to int
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5105
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** A statewide system described in [section 1433 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1433&num=0&edition=prelim) shall include, at a minimum, the following components:
(1) A rigorous definition of the term “developmental delay” that will be used by the State in carrying out programs under this subchapter in order to appropriately identify infants and toddlers with disabilities that are in need of services under this subchapter.
(2) A State policy that is in effect and that ensures that appropriate early intervention services based on scientifically based research, to the extent practicable, are available to all infants and toddlers with disabilities and their families, including Indian infants and toddlers with disabilities and their families residing on a reservation geographically located in the State and infants and toddlers with disabilities who are homeless children and their families.
(3) A timely, comprehensive, multidisciplinary evaluation of the functioning of each infant or toddler with a disability in the State, and a family-directed identification of the needs of each family of such an infant or toddler, to assist appropriately in the development of the infant or toddler.
(4) For each infant or toddler with a disability in the State, an individualized family service plan in accordance with [section 1436 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1436&num=0&edition=prelim), including service coordination services in accordance with such service plan.
(5) A comprehensive child find system, consistent with subchapter II, including a system for making referrals to service providers that includes timelines and provides for participation by pr
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1435
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