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

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

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Source location: Title 42, Chapter 67, § 5102; chapter-067-child-abuse-prevention-and-treatment-and-adoption-reform.md

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

42 U.S.C. § 5101 — Office on Child Abuse and Neglect

**(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

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

42 U.S.C. § 5106g — Definitions

**(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

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

42 U.S.C. § 3001 — Congressional declaration of objectives

The Congress hereby finds and declares that, in keeping with the traditional American concept of the inherent dignity of the individual in our democratic society, the older people of our Nation are entitled to, and it is the joint and several duty and responsibility of the governments of the United States, of the several States and their political subdivisions, and of Indian tribes to assist our older people to secure equal opportunity to the full and free enjoyment of the following objectives: (1) An adequate income in retirement in accordance with the American standard of living. (2) The best possible physical and mental health (including access to person-centered, trauma-informed services as appropriate) which science can make available and without regard to economic status. (3) Obtaining and maintaining suitable housing, independently selected, designed and located with reference to special needs and available at costs which older citizens can afford. (4) Full restoration services for those who require institutional care, and a comprehensive array of community-based, long-term care services adequate to appropriately sustain older people in their communities and in their homes, including support to family members and other persons providing voluntary care to older individuals needing long-term care services. (5) Opportunity for employment with no discriminatory personnel practices because of age. (6) Retirement in health, honor, dignity—after years of contribution to the economy. (7) Participating in and contributing to meaningful activity within the widest range of civic, cultural, education and training and recreational opportunities. (8) Efficient community services, including access to low-cost transportation, which provide a choice in supported living ar

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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.

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

10 U.S.C. § 1787 — Reporting of child abuse

**(a) In General.—** The Secretary of Defense shall request each State to provide for the reporting to the Secretary of any report the State receives of known or suspected instances of child abuse and neglect in which the person having care of the child is a member of the armed forces (or the spouse of the member). **(b) Definition.—** In this section, the term “child abuse and neglect” has the meaning provided in section 3 of the Child Abuse Prevention and Treatment Act (Public Law 93–247; [42 U.S.C. 5101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5101&num=0&edition=prelim) note).

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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. § 5102 — Advisory board on child abuse and ne-

Page 6302 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5102 fatalities and 72 percent of child maltreatment fatali- ties were younger than 4 years of age; ‘‘(4)(A) many of these children and their families fail to receive adequate protection and treatment; and ‘‘(B) approximately 37 percent of victims of child abuse did not receive post-investigation services in fiscal year 2008; ‘‘(5) African-American children, American Indian children, Alaska Native children, and children of multiple races and ethnicities experience the highest rates of child abuse or neglect; ‘‘(6) the problem of child abuse and neglect requires a comprehensive approach that— ‘‘(A) integrates the work of social service, legal, health, mental health, domestic violence services, education, and substance abuse agencies and com- munity-based organizations; ‘‘(B) strengthens coordination among all levels of government, and with private agencies, civic, reli- gious, and professional organizations, and indi- vidual volunteers; ‘‘(C) emphasizes the need for abuse and neglect prevention, assessment, investigation, and treat- ment at the neighborhood level; ‘‘(D) recognizes the need for properly trained staff with the qualifications needed, to carry out their child protection duties; and ‘‘(E) recognizes the diversity of ethnic, cultural, and religious beliefs and traditions that may im- pact child rearing patterns, while not allowing the differences in those beliefs and traditions to enable abuse or neglect; ‘‘(7) the failure to coordinate and comprehensively prevent and treat child abuse and neglect threatens the futures of thousands of children and results in a cost to the Nation of billions of dollars in tangible ex- penditures, as well as significant intangible costs; ‘‘(8) all e

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