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42 U.S.C. § 5106c — Grants to States for programs relating to investigation and prosecution of child abuse and neglect cases

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

42 U.S.C. § 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 assessment and investigation of suspected child abuse and neglect cases, including cases of suspected child sexual abuse and exploitation, in a manner that limits additional trauma to the child and the child’s family; (2) the assessment and investigation of cases of suspected child abuse-related fatalities and suspected child neglect-related fatalities; (3) the investigation and prosecution of cases of child abuse and neglect, including child sexual abuse and exploitation; and (4) the assessment and investigation of cases involving children with disabilities or serious health-related problems who are suspected victims of child abuse or neglect. **(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) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5106a/b&num=0&edition=prelim); (2) establish a task force as provided in subsection (c); (3) fulfill the requirements of subsection (d); (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); and (5) submit annually to the Secretary a report on the manner in which assistance received under this program was expended th

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

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Stable record: federal_law:legal_authorities:record_usc_8abcca0b27016701aeecbc84
Source file: Laws/federal/codes/united-states-code/title-42/section-5106c-grants-to-states-for-programs-relating-to-investigation-and-prosecution--434b5e09f4.md
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Passage SHA-256: 34a57d02d4fceb2958c874f193b3c2a4b2e8582111e163a41fb58737f662893d

Source location: Title 42, Chapter 67, § 5106c; chapter-067-child-abuse-prevention-and-treatment-and-adoption-reform.md

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**(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 assessment and investigation of suspected child abuse and neglect cases, including cases of suspected child sexual abuse and exploitation, in a manner that limits additional trauma to the child and the child’s family; (2) the assessment and investigation of cases of suspected child abuse-related fatalities and suspected child neglect-related fatalities; (3) the investigation and prosecution of cases of child abuse and neglect, including child sexual abuse and exploitation; and (4) the assessment and investigation of cases involving children with disabilities or serious health-related problems who are suspected victims of child abuse or neglect. **(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) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5106a/b&num=0&edition=prelim); (2) establish a task force as provided in subsection (c); (3) fulfill the requirements of subsection (d); (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); 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). **(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; (H) representatives of parents’ groups; (I) adult former victims of child abuse or neglect; and (J) individuals experienced in working with homeless children and youths (as defined in [section 11434a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11434a&num=0&edition=prelim)). (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, including 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 intrastate, interstate, Federal-State, and State-Tribal; and (2) make policy and training recommendations in each of the categories described in subsection (e). 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, including 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 intrastate, 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, which may include those children involved in reports of child abuse or neglect with a potential combination of jurisdictions, such as intrastate, interstate, Federal-State, and State-Tribal, from child abuse and neglect, including 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 20104 of title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section20104&num=0&edition=prelim).

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

34 U.S.C. § 20104 — Child abuse prevention and treatment grants

Amounts made available by [section 20101(d)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section20101/d/2&num=0&edition=prelim) for the purposes of this section shall be obligated and expended by the Secretary of Health and Human Services for grants under section 5106c 11 See References in Text note below. of title 42. Any portion of an amount which is not obligated by the Secretary by the end of the fiscal year in which funds are made available for allocation, shall be reallocated for award under [section 20103(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section20103/a&num=0&edition=prelim), except that with respect to funds deposited during fiscal year 1986 and made available for obligation during fiscal year 1987, any unobligated portion of such amount shall remain available for obligation until September 30, 1988.

Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 20104

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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. § 11434a — Definitions

For purposes of this part: (1) The terms “enroll” and “enrollment” include attending classes and participating fully in school activities. (2) The term “homeless children and youths”— (A) means individuals who lack a fixed, regular, and adequate nighttime residence (within the meaning of [section 11302(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11302/a/1&num=0&edition=prelim)); and (B) includes— (i) children and youths who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; or are abandoned in hospitals; (ii) children and youths who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings (within the meaning of section 11302(a)(2)(C) 11 See References in Text note below. of this title); (iii) children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and (iv) migratory children (as such term is defined in [section 6399 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6399&num=0&edition=prelim)) who qualify as homeless for the purposes of this part because the children are living in circumstances described in clauses (i) through (iii). (3) The terms “local educational agency” and “State educational agency” have the meanings given such terms in [section 7801 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-sec

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11434a

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

42 U.S.C. § 5106e — Coordination of child abuse and neglect programs

The Secretary shall prescribe regulations and make such arrangements as may be necessary or appropriate to ensure that there is effective coordination among programs related to child abuse and neglect under this subchapter and subchapter III and other such programs which are assisted by Federal funds.

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

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

42 U.S.C. § 5106f — Reports

**(a) Coordination efforts** Not later than 1 year after December 20, 2010, the Secretary shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on efforts to coordinate the objectives and activities of agencies and organizations that are responsible for programs and activities related to child abuse and neglect. Not later than 3 years after December 20, 2010, the Secretary shall submit to those committees a second report on such efforts during the 3-year period following December 20, 2010. Not later than 5 years after December 20, 2010, the Secretary shall submit to those committees a third report on such efforts during the 5-year period following December 20, 2010. **(b) Effectiveness of State programs and technical assistance** Not later than 2 years after December 20, 2010, and every 2 years thereafter, the Secretary shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report evaluating the effectiveness of programs receiving assistance under [section 5106a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5106a&num=0&edition=prelim) in achieving the objectives of [section 5106a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5106a&num=0&edition=prelim). **(c) Study and report relating to citizen review panels** (1) **In general** — The Secretary shall conduct a study to determine the effectiveness of citizen review panels, established under [section 5106a(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5106a/c&num=0&e

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

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

42 U.S.C. § 5106c — Grants to States for programs relating to

Page 6328 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5106a–1 EFFECTIVE DATE OF 2015 AMENDMENT Pub. L. 114–22, title VIII, § 802(a), May 29, 2015, 129 Stat. 263, provided that: ‘‘The amendments to the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 et seq.) made by this section [amending this section and section 5106g of this title and provisions set out as a note under section 5101 of this title] shall take effect 2 years after the date of the enactment of this Act [May 29, 2015].’’ EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102–295, title I, § 114(d), May 28, 1992, 106 Stat. 195, as amended by Pub. L. 103–171, § 9(a), Dec. 2, 1993, 107 Stat. 1994, provided that: ‘‘The amendments de- scribed in subsections (a) and (b) [amending this sec- tion] are made upon the date of the enactment of this Act [May 28, 1992]. Such amendments take effect on Oc- tober 1 of the first fiscal year for which $40,000,000 or more is made available under subsection (a)(2)(B)(ii) of section 114 of the Child Abuse Prevention and Treat- ment Act [section 5106h(a)(2)(B)(ii) of this title] (as amended by section 117 of this Act). Prior to such amendments taking effect, section 107(a) of the Child Abuse Prevention and Treatment Act [subsec. (a) of this section], as in effect on the day before the date of the enactment of this Act, continues to be in effect.’’ [Pub. L. 103–171, § 9(b), Dec. 2, 1993, 107 Stat. 1994, pro- vided that: ‘‘The amendments made by subsection (a) [amending section 114(d) of Pub. L. 102–295, set out above] take effect on September 30, 1993.’’] CONSTRUCTION OF 2016 AMENDMENT Pub. L. 114–198, title V, § 503(e), July 22, 2016, 130 Stat. 731, provided that: ‘‘Nothing in this section [enacting section 5108 of this title, amending this section and sec- t

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5106c

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