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42 U.S.C. § 5104 — National clearinghouse for information relating to child abuse

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5104 — National clearinghouse for information relating to child abuse

**(a) Establishment** The Secretary shall through the Department, or by one or more contracts of not less than 3 years duration let through a competition, establish a national clearinghouse for information relating to child abuse and neglect. **(b) Functions** The Secretary shall, through the clearinghouse established by subsection (a)— (1) maintain, coordinate, and disseminate information on effective programs, including private and community-based programs, that have demonstrated success with respect to the prevention, assessment, identification, and treatment of child abuse or neglect and hold the potential for broad-scale implementation and replication; (2) maintain, coordinate, and disseminate information on the medical diagnosis and treatment of child abuse and neglect; (3) maintain and disseminate information on best practices relating to differential response; (4) maintain and disseminate information about the best practices used for achieving improvements in child protective systems; (5) maintain and disseminate information about the requirements of [section 5106a(b)(2)(B)(iii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5106a/b/2/B/iii&num=0&edition=prelim) and best practices relating to the development of plans of safe care as described in such section for infants born and identified as being affected by substance abuse or withdrawal symptoms, or a Fetal Alcohol Spectrum Disorder; (6) maintain and disseminate information relating to— (A) the incidence of cases of child abuse and neglect in the United States; (B) the incidence of such cases in populations determined by the Secretary under section 105(a)(1) of the Child Abuse Prevention, Adoption, and Family Services Act of 1988 ([42 U.S.C. 5105](https

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Stable record: federal_law:legal_authorities:record_usc_1fc0ad6bfba0086f801988ec
Source file: Laws/federal/codes/united-states-code/title-42/section-5104-national-clearinghouse-for-information-relating-to-child-abuse--8d169817f9.md
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Source location: Title 42, Chapter 67, § 5104; chapter-067-child-abuse-prevention-and-treatment-and-adoption-reform.md

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**(a) Establishment** The Secretary shall through the Department, or by one or more contracts of not less than 3 years duration let through a competition, establish a national clearinghouse for information relating to child abuse and neglect. **(b) Functions** The Secretary shall, through the clearinghouse established by subsection (a)— (1) maintain, coordinate, and disseminate information on effective programs, including private and community-based programs, that have demonstrated success with respect to the prevention, assessment, identification, and treatment of child abuse or neglect and hold the potential for broad-scale implementation and replication; (2) maintain, coordinate, and disseminate information on the medical diagnosis and treatment of child abuse and neglect; (3) maintain and disseminate information on best practices relating to differential response; (4) maintain and disseminate information about the best practices used for achieving improvements in child protective systems; (5) maintain and disseminate information about the requirements of [section 5106a(b)(2)(B)(iii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5106a/b/2/B/iii&num=0&edition=prelim) and best practices relating to the development of plans of safe care as described in such section for infants born and identified as being affected by substance abuse or withdrawal symptoms, or a Fetal Alcohol Spectrum Disorder; (6) maintain and disseminate information relating to— (A) the incidence of cases of child abuse and neglect in the United States; (B) the incidence of such cases in populations determined by the Secretary under section 105(a)(1) of the Child Abuse Prevention, Adoption, and Family Services Act of 1988 ([42 U.S.C. 5105](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5105&num=0&edition=prelim) note); and (C) the incidence of any such cases related to substance abuse; (7) provide technical assistance upon request that may include an evaluation or identification of— (A) various methods and procedures for the investigation, assessment, and prosecution of child physical and sexual abuse cases; (B) ways to mitigate psychological trauma to the child victim; and (C) effective programs carried out by the States under this subchapter and subchapter III; (8) collect and disseminate information relating to various training resources available at the State and local level to— (A) individuals who are engaged, or who intend to engage, in the prevention, identification, and treatment of child abuse and neglect; and (B) appropriate State and local officials to assist in training law enforcement, legal, judicial, medical, mental health, education, child welfare, substance abuse treatment services, and domestic violence services personnel; and (9) collect and disseminate information, in conjunction with the National Resource Centers authorized in [section 10410(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10410/b&num=0&edition=prelim), on effective programs and best practices for developing and carrying out collaboration between entities providing child protective services and entities providing domestic violence services. **(c) Coordination with available resources** (1) **In general** — In establishing a national clearinghouse as required by subsection (a), the Secretary shall— (A) consult with other Federal agencies that operate similar clearinghouses; (B) consult with the head of each agency involved with child abuse and neglect on the development of the components for information collection and management of such clearinghouse and on the mechanisms for the sharing of such information with other Federal agencies and clearinghouses; (C) develop a Federal data system involving the elements under subsection (b) which, to the extent practicable, coordinates existing Federal, State, tribal, regional, and local child welfare data systems which shall include— (i) standardized data on false, unfounded, unsubstantiated, and substantiated reports; (ii) information on the number of deaths due to child abuse and neglect; (iii) information about the incidence and characteristics of child abuse and neglect in circumstances in which domestic violence is present; and (iv) information about the incidence and characteristics of child abuse and neglect in cases related to substance abuse; (D) through a national data collection and analysis program and in consultation with appropriate State and local agencies and experts in the field, collect, compile, and make available State child abuse and neglect reporting information which, to the extent practical, shall be universal and case specific and integrated with other case-based foster care and adoption data collected by the Secretary; (E) compile, analyze, and publish a summary of the research conducted under [section 5105(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5105/a&num=0&edition=prelim); (F) collect and disseminate information that describes best practices being used throughout the Nation for making appropriate referrals related to, and addressing, the physical, developmental, and mental health needs of victims of child abuse or neglect; and (G) solicit public comment on the components of such clearinghouse. (2) **Confidentiality requirement** — In carrying out paragraph (1)(D), the Secretary shall ensure that methods are established and implemented to preserve the confidentiality of records relating to case specific data.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5105 — Research and assistance activities

**(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

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5103 — Repealed. Pub. L. 104–235, title I, § 103, Oct. 3, 1996, 110 Stat. 3066

### Statutory Notes Section, Pub. L. 93–247, title I, § 103, formerly § 4, Jan. 31, 1974, 88 Stat. 5; Pub. L. 93–644, § 8(d)(2), Jan. 4, 1975, 88 Stat. 2310; Pub. L. 95–266, title I, § 103, Apr. 24, 1978, 92 Stat. 206; Pub. L. 98–457, title I, §§ 103, 122, 123, Oct. 9, 1984, 98 Stat. 1750, 1752, 1753; Pub. L. 99–401, title I, § 102(a), Aug. 27, 1986, 100 Stat. 903; Pub. L. 100–117, § 1, Sept. 28, 1987, 101 Stat. 751; Pub. L. 100–294, title I, § 101, Apr. 25, 1988, 102 Stat. 105; renumbered title I, § 103, Pub. L. 101–126, § 3(a)(1), (2), Oct. 25, 1989, 103 Stat. 764, related to the Inter-Agency Task Force on Child Abuse and Neglect.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5103

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5106h — Authorization of appropriations

**(a) In general** (1) **General authorization** — There are authorized to be appropriated to carry out this subchapter $120,000,000 for fiscal year 2010 and such sums as may be necessary for each of the fiscal years 2011 through 2015. (2) **Discretionary activities** (A) *In general* — Of the amounts appropriated for a fiscal year under paragraph (1), the Secretary shall make available 30 percent of such amounts to fund discretionary activities under this subchapter. (B) *Demonstration projects* — Of the amounts made available for a fiscal year under subparagraph (A), the Secretary shall make available not more than 40 percent of such amounts to carry out [section 5105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5105&num=0&edition=prelim). **(b) Availability of funds without fiscal year limitation** The Secretary shall ensure that funds appropriated pursuant to authorizations in this subchapter shall remain available until expended for the purposes for which they were appropriated.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5106h

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5102 — Advisory board on child abuse and neglect

**(a) Appointment** The Secretary may appoint an advisory board to make recommendations to the Secretary and to the appropriate committees of Congress concerning specific issues relating to child abuse and neglect. **(b) Solicitation of nominations** The Secretary shall publish a notice in the Federal Register soliciting nominations for the appointment of members of the advisory board under subsection (a). **(c) Composition** In establishing the board under subsection (a), the Secretary shall appoint members from the general public who are individuals knowledgeable in child abuse and neglect prevention, intervention, treatment, or research, and with due consideration to representation of ethnic or racial minorities and diverse geographic areas, and who represent— (1) law (including the judiciary); (2) psychology (including child development); (3) social services (including child protective services); (4) health care providers (including pediatricians); (5) State and local government; (6) organizations providing services to disabled persons; (7) organizations providing services to adolescents; (8) teachers; (9) parent self-help organizations; (10) parents’ groups; (11) voluntary groups; (12) family rights groups; (13) children’s rights advocates; and (14) Indian tribes or tribal organizations. **(d) Vacancies** Any vacancy in the membership of the board shall be filled in the same manner in which the original appointment was made. **(e) Election of officers** The board shall elect a chairperson and vice-chairperson at its first meeting from among the members of the board. **(f) Duties** Not later than 1 year after the establishment of the board under subsection (a), the board shall submit to the Secretary and the appropriate committees of Congress a re

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5102

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5106a — Grants to States for child abuse or neglect prevention and treatment programs

**(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

42 U.S.C. § 5104 — National clearinghouse for information

Page 6304 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5103 riod beginning on the date of its establishment, unless, in the case of a board established by the President or an officer of the Federal Government, such board is re- newed by appropriate action prior to the end of such period, or in the case of a board established by the Con- gress, its duration is otherwise provided by law, see sections 1001(2) and 1013 of Title 5, Government Organi- zation and Employees. LIMITATIONS ON USE OF APPROPRIATED FUNDS Pub. L. 105–277, div. A, § 101(f) [title II, § 206], Oct. 21, 1998, 112 Stat. 2681–337, 2681–359, provided that: ‘‘None of the funds appropriated in this Act or subsequent De- partments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Acts, may be obligated or expended for the Federal Council on Aging under the Older Americans Act [of 1965, 42 U.S.C. 3001 et seq.] or the Advisory Board on Child Abuse and Neglect under the Child Abuse Prevention and Treatment Act [42 U.S.C. 5101 et seq.].’’ Similar provisions were contained in the following prior appropriation acts: Pub. L. 105–78, title II, § 206, Nov. 13, 1997, 111 Stat. 1489. Pub. L. 104–208, div. A, § 101(e) [title II, § 208], Sept. 30, 1996, 110 Stat. 3009–233, 3009–254. Pub. L. 104–134, title I, § 101(d) [title II, § 209], Apr. 26, 1996, 110 Stat. 1321–211, 1321–228; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327. § 5103. Repealed. Pub. L. 104–235, title I, § 103, Oct. 3, 1996, 110 Stat. 3066 Section, Pub. L. 93–247, title I, § 103, formerly § 4, Jan. 31, 1974, 88 Stat. 5; Pub. L. 93–644, § 8(d)(2), Jan. 4, 1975, 88 Stat. 2310; Pub. L. 95–266, title I, § 103, Apr. 24, 1978, 92 Stat. 206; Pub. L. 98–457, title I, §§ 103, 122,

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5105 — Research and assistance activities

Page 6306 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5105 Subsec. (b)(3). Pub. L. 104–235, § 104(2)(D), struck out par. (3) which read as follows: ‘‘directly or through con- tract, identify effective programs carried out by the States pursuant to subchapter III of this chapter and provide technical assistance to the States in the imple- mentation of such programs.’’ Subsec. (c)(1). Pub. L. 104–235, § 104(3)(A), designated existing provisions as par. (1), inserted heading, and substituted ‘‘Secretary’’ for ‘‘Director’’ in introductory provisions. Former par. (1) redesignated (1)(A). Subsec. (c)(1)(A). Pub. L. 104–235, § 104(3)(B), redesig- nated par. (1) as (1)(A) and realigned margin. Subsec. (c)(1)(B). Pub. L. 104–235, § 104(3)(B), (C), redes- ignated par. (2) as (1)(B), realigned margin, and sub- stituted ‘‘involved with child abuse and neglect and mechanisms for the sharing of such information among other Federal agencies and clearinghouses’’ for ‘‘that is represented on the task force’’. Subsec. (c)(1)(C). Pub. L. 104–235, § 104(3)(B), (C), redes- ignated par. (3) as (1)(C), realigned margin, and sub- stituted ‘‘Federal, State, regional, and local child wel- fare data systems which shall include— ‘‘(i) standardized data on false, unfounded, unsub- stantiated, and substantiated reports; and ‘‘(ii) information on the number of deaths due to child abuse and neglect;’’ for ‘‘State, regional, and local data systems; and’’. Subsec. (c)(1)(D). Pub. L. 104–235, § 104(3)(F), added subpar. (D). Former subpar. (D) redesignated (F). Pub. L. 104–235, § 104(3)(B), redesignated par. (4) as (1)(D) and realigned margin. Subsec. (c)(1)(E). Pub. L. 104–235, § 104(3)(F), added subpar. (E). Subsec. (c)(1)(F). Pub. L. 104–235, § 104(3)(E), redesig- nated subpar. (D) as

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5105

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