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42 U.S.C. § 5119c — Transferred
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 5119c was editorially reclassified as [section 40104 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section40104&num=0&edition=prelim), Crime Control and Law Enforcement.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5119c
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Stable record: federal_law:legal_authorities:record_usc_874ddea4e6921fa738a2c18d
Source file: Laws/federal/codes/united-states-code/title-42/section-5119c-transferred--17bba3aefb.md
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Source location: Title 42, Chapter 67, § 5119c; chapter-067-child-abuse-prevention-and-treatment-and-adoption-reform.md
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### Statutory Notes
#### Codification
Section 5119c was editorially reclassified as [section 40104 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section40104&num=0&edition=prelim), Crime Control and Law Enforcement.
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter—
(1) the term “authorized agency” means a division or office of a State designated by a State to report, receive, or disseminate information under this chapter;
(2) the term “child” means a person who is a child for purposes of the criminal child abuse law of a State;
(3) the term “child abuse crime” means a crime committed under any law of a State that involves the physical or mental injury, sexual abuse or exploitation, negligent treatment, or maltreatment of a child by any person;
(4) the term “child abuse crime information” means the following facts concerning a person who has been arrested for, or has been convicted of, a child abuse crime: full name, race, sex, date of birth, height, weight, fingerprints, a brief description of the child abuse crime or offenses for which the person has been arrested or has been convicted, the disposition of the charge, and any other information that the Attorney General determines may be useful in identifying persons arrested for, or convicted of, a child abuse crime;
(5) the term “care” means the provision of care, treatment, education, training, instruction, supervision, or recreation to children, the elderly, or individuals with disabilities;
(6) the term “identifiable child abuse crime case” means a case that can be identified by the authorized criminal justice agency of the State as involving a child abuse crime by reference to the statutory citation or descriptive label of the crime as it appears in the criminal history record;
(7) the term “individuals with disabilities” means persons with a mental or physical impairment who require assistance to perform one or more daily living tasks;
(8) the term “national criminal history background check system” means the criminal history record
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 40104
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) A State may have in effect procedures (established by State statute or regulation) that require qualified entities designated by the State to contact an authorized agency of the State to request a nationwide background check for the purpose of determining whether a covered individual has been convicted of a crime that bears upon the covered individual’s fitness to have responsibility for the safety and well-being of children, the elderly, or individuals with disabilities.
(2) The authorized agency shall access and review State and Federal criminal history records through the national criminal history background check system and shall make reasonable efforts to respond to the inquiry within 15 business days.
(3)
(A) The Attorney General shall establish a program, in accordance with this section, to provide qualified entities located in States that do not have in effect procedures described in paragraph (1), or qualified entities located in States that do not prohibit the use of the program established under this paragraph, with access to national criminal history background checks on, and criminal history reviews of, covered individuals. In any case where the use of a Federal national criminal history background check program is required pursuant to Federal law as of the effective date of this subparagraph, the program under this subparagraph may not be used.
(B) A qualified entity described in subparagraph (A) may submit to the appropriate designated entity a request for a national criminal history background check on, and a criminal history review of, a covered individual. Qualified entities making a request under this paragraph shall comply with the guidelines set forth in subsection (b), and with any additional applicable procedures se
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 40102
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Federal law — U.S. Code and appendices · legal_authorities
Page 6353
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 5119c
Section 5117aa–12, Pub. L. 100–505, title I, § 102, Oct. 18,
1988, 102 Stat. 2535; Pub. L. 102–236, § 4, Dec. 12, 1991, 105
Stat. 1814; Pub. L. 108–36, title III, § 303, June 25, 2003,
117 Stat. 823, related to evaluations, study, and reports
by Secretary.
Sections 5117aa–21 and 5117aa–22 comprised part B of
this subchapter ‘‘General Provisions’’.
Section 5117aa–21, Pub. L. 100–505, title III, § 301, Oct.
18, 1988, 102 Stat. 2537; Pub. L. 108–36, title III, § 305(a),
June 25, 2003, 117 Stat. 824; Pub. L. 111–320, title IV,
§ 401(c), Dec. 20, 2010, 124 Stat. 3513, provided definitions
for this subchapter.
Section 5117aa–22, Pub. L. 100–505, title III, § 302, for-
merly title I, § 104, Oct. 18, 1988, 102 Stat. 2536; Pub. L.
102–236, § 6, Dec. 12, 1991, 105 Stat. 1815; Pub. L. 104–235,
title II, § 222, Oct. 3, 1996, 110 Stat. 3092; renumbered
title III, § 302, and amended Pub. L. 108–36, title III,
§ 304, June 25, 2003, 117 Stat. 824; Pub. L. 111–320, title
IV, § 401(d), Dec. 20, 2010, 124 Stat. 3513, related to au-
thorization of appropriations.
SUBCHAPTER
V—CERTAIN
PREVENTIVE
SERVICES
REGARDING
CHILDREN
OF
HOMELESS FAMILIES OR FAMILIES AT
RISK OF HOMELESSNESS
§§ 5118 to 5118e. Repealed. Pub. L. 104–235, title
I, § 131, Oct. 3, 1996, 110 Stat. 3088
Section 5118, Pub. L. 93–247, title III, § 301, as added
Pub. L. 101–645, title VI, § 661(b), Nov. 29, 1990, 104 Stat.
4755, related to demonstration grants for prevention of
inappropriate separation from family and for preven-
tion of child abuse and neglect.
Section 5118a, Pub. L. 93–247, title III, § 302, as added
Pub. L. 101–645, title VI, § 661(b), Nov. 29, 1990, 104 Stat.
4757, related to joint training of appropriate service
perso
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5119c
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