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34 U.S.C. § 21304 — Application

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34 U.S.C. § 21304 — Application

A State seeking an increase in the amount provided to the State under the covered formula grants shall include in the application of the State for each covered formula grant such information as the Attorney General may reasonably require, including information about the law described in [section 21303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section21303&num=0&edition=prelim).

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Source location: Title 34, Chapter 213, § 21304; chapter-213-rape-survivor-child-custody.md

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

42 U.S.C. § 14043h–3 — Transferred

### Statutory Notes #### Codification Section 14043h–2 was editorially reclassified as [section 21303 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section21303&num=0&edition=prelim), Crime Control and Law Enforcement.

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34 U.S.C. § 21303 — Increased funding for formula grants authorized

The Attorney General shall increase the amount provided to a State under the covered formula grants in accordance with this chapter if the State has in place a law that allows the mother of any child that was conceived through rape to seek court-ordered termination of the parental rights of her rapist with regard to that child, which the court is authorized to grant upon clear and convincing evidence of rape.

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42 U.S.C. § 14043h–4 — Transferred

### Statutory Notes #### Codification Section 14043h–3 was editorially reclassified as [section 21304 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section21304&num=0&edition=prelim), Crime Control and Law Enforcement.

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34 U.S.C. § 21304 — Application

Page 538 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 21303 1 So in original. Probably should be followed by ‘‘of’’. conviction occurring in less than 5 percent of rapes. (5) The clear and convincing evidence stand- ard is the most common standard for termi- nation of parental rights among the 50 States, territories, and the District of Columbia. (6) The Supreme Court established that the clear and convincing evidence standard satis- fies due process for allegations to terminate or restrict parental rights in Santosky v. Kramer (455 U.S. 745 (1982)). (7) Currently only 10 States have statutes al- lowing rape survivors to petition for the ter- mination of parental rights of the rapist based on clear and convincing evidence that the child was conceived through rape. (8) A rapist pursuing parental or custody rights causes the survivor to have continued interaction with the rapist, which can have traumatic psychological effects on the sur- vivor, and can make it more difficult for her to recover. (9) These traumatic effects on the mother can severely negatively impact her ability to raise a healthy child. (10) Rapists may use the threat of pursuing custody or parental rights to coerce survivors into not prosecuting rape, or otherwise harass, intimidate, or manipulate them. (Pub. L. 114–22, title IV, § 403, May 29, 2015, 129 Stat. 256.) Editorial Notes CODIFICATION Section was formerly classified to section 14043h–1 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 21303. Increased funding for formula grants au- thorized The Attorney General shall increase the amount provided to a State under the covered formula grants in accordance with this chapter if the State has in place

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