42 U.S.C. § 10413 — National domestic violence hotline grant

Page 8067 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10413 under paragraph (1) for periods of not more than 2 years. If the Secretary determines that an entity has received such a grant and been successful in meeting the objectives of the grant application submitted under subsection (c), the Secretary may renew the grant for 1 additional period of not more than 2 years. (b) Eligible entities To be eligible to receive a grant under this section, an entity shall be a local agency, a non- profit private organization (including faith- based and charitable organizations, community- based organizations, and voluntary associa- tions), or a tribal organization, with a dem- onstrated record of serving victims of family vi- olence, domestic violence, or dating violence and their children. (c) Application An entity seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require, including— (1) a description of how the entity will prioritize the safety of, and confidentiality of information about— (A) victims of family violence, victims of domestic violence, and victims of dating vio- lence; and (B) children of victims described in sub- paragraph (A); (2) a description of how the entity will pro- vide developmentally appropriate and age-ap- propriate services, and culturally and linguis- tically appropriate services, to the victims and children; and (3) a description of how the entity will en- sure that professionals working with the chil- dren receive the training and technical assist- ance appropriate and relevant to the unique needs of children exposed to family violence, domestic violence, or dating violence. (d) Use of funds An entity that receives a grant under this sec- tion for a family violence, domestic violence, and dating violence service or community-based program described in subsection (a)— (1) shall use the funds made available through the grant— (A) to provide direct counseling, appro- priate services consistent with subsection (c)(2), or advocacy on behalf of victims of family violence, domestic violence, or dating violence and their children, including co- ordinating services with services provided by the child welfare system; (B) to provide services for nonabusing par- ents to support those parents’ roles as care- givers and their roles in responding to the social, emotional, and developmental needs of their children; and (C) where appropriate, to provide the serv- ices described in this subsection while work- ing with such a nonabusing parent and child together; and (2) may use the funds made available through the grant— (A) to provide early childhood develop- ment and mental health services; (B) to coordinate activities with and pro- vide technical assistance to community- based organizations serving victims of fam- ily violence, domestic violence, or dating vi- olence or children exposed to family vio- lence, domestic violence, or dating violence; and (C) to provide additional services and re- ferrals to services for children, including child care, transportation, educational sup- port, respite care, supervised visitation, or other necessary services. (e) Reports and evaluation Each entity receiving a grant under this sec- tion shall submit a performance report to the Secretary at such time as shall be reasonably required by the Secretary. Such performance re- port shall describe the activities that have been carried out with such grant funds, contain an evaluation of the effectiveness of such activi- ties, and provide such additional information as the Secretary may reasonably require. (Pub. L. 98–457, title III, § 312, as added Pub. L. 111–320, title II, § 201, Dec. 20, 2010, 124 Stat. 3503.) Editorial Notes PRIOR PROVISIONS A prior section 10412, Pub. L. 98–457, title III, § 312, Oct. 9, 1984, 98 Stat. 1764; Pub. L. 102–295, title III, § 318, May 28, 1992, 106 Stat. 208; Pub. L. 108–36, title IV, § 408, June 25, 2003, 117 Stat. 827, related to authority of Sec- retary, construction with State and local law, and funding for evaluation, monitoring, and other adminis- trative costs, prior to the general amendment of this chapter by Pub. L. 111–320. A prior section 312 of Pub. L. 98–457, which was classi- fied to section 10411 of this title, was repealed by sec- tion 303(a) of Pub. L. 100–294. § 10413. National domestic violence hotline grant (a) In general The Secretary shall award a grant to 1 or more private entities to provide for the ongoing oper- ation of a 24-hour, national, toll-free telephone hotline to provide information and assistance to adult and youth victims of family violence, do- mestic violence, or dating violence, family and household members of such victims, and persons affected by the victimization. The Secretary shall give priority to applicants with experience in operating a hotline that provides assistance to adult and youth victims of family violence, domestic violence, or dating violence. (b) Term The Secretary shall award a grant under this section for a period of not more than 5 years. (c) Conditions on payment The provision of payments under a grant awarded under this section shall be subject to annual approval by the Secretary and subject to the availability of appropriations for each fiscal year to make the payments. (d) Application To be eligible to receive a grant under this section, an entity shall submit an application to the Secretary that shall— (1) contain such agreements, assurances, and information, be in such form, and be sub- Page 8068 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10413 mitted in such manner, as the Secretary shall prescribe; (2) include a complete description of the ap- plicant’s plan for the operation of a national domestic violence hotline, including descrip- tions of— (A) the training program for hotline per- sonnel, including technology training to en- sure that all persons affiliated with the hot- line are able to effectively operate any tech- nological systems used by the hotline; (B) the hiring criteria and qualifications for hotline personnel; (C) the methods for the creation, mainte- nance, and updating of a resource database; (D) a plan for publicizing the availability of the hotline; (E) a plan for providing service to non- English speaking callers, including service through hotline personnel who have non- English language capability; (F) a plan for facilitating access to the hotline by persons with hearing impair- ments; and (G) a plan for providing assistance and re- ferrals to youth victims of domestic violence and for victims of dating violence who are minors, which may be carried out through a national teen dating violence hotline; (3) demonstrate that the applicant has rec- ognized expertise in the area of family vio- lence, domestic violence, or dating violence and a record of high quality service to victims of family violence, domestic violence, or dat- ing violence, including a demonstration of support from advocacy groups and State Do- mestic Violence Coalitions; (4) demonstrate that the applicant has the capacity and the expertise to maintain a do- mestic violence hotline and a comprehensive database of service providers; (5) demonstrate the ability to provide infor- mation and referrals for callers, directly con- nect callers to service providers, and employ crisis interventions meeting the standards of family violence, domestic violence, and dating violence providers; (6) demonstrate that the applicant has a commitment to diversity and to the provision of services to underserved populations, includ- ing to ethnic, racial, and non-English speaking minorities, in addition to older individuals and individuals with disabilities; (7) demonstrate that the applicant complies with nondisclosure requirements as described in section 10406(c)(5) of this title and follows comprehensive quality assurance practices; and (8) contain such other information as the Secretary may require. (e) Hotline activities (1) In general An entity that receives a grant under this section for activities described, in whole or in part, in subsection (a) shall use funds made available through the grant to establish and operate a 24-hour, national, toll-free telephone hotline to provide information and assistance to adult and youth victims of family violence, domestic violence, or dating violence, and other individuals described in subsection (a). (2) Activities In establishing and operating the hotline, the entity— (A) shall contract with a carrier for the use of a toll-free telephone line; (B) shall employ, train (including pro- viding technology training), and supervise personnel to answer incoming calls, provide counseling and referral services for callers on a 24-hour-a-day basis, and directly con- nect callers to service providers; (C) shall assemble and maintain a database of information relating to services for adult and youth victims of family violence, domes- tic violence, or dating violence to which callers may be referred throughout the United States, including information on the availability of shelters and supportive serv- ices for victims of family violence, domestic violence, or dating violence; (D) shall widely publicize the hotline throughout the United States, including to potential users; (E) shall provide assistance and referrals to meet the needs of underserved popu- lations and individuals with disabilities; (F) shall provide assistance and referrals for youth victims of domestic violence and for victims of dating violence who are mi- nors, which may be carried out through a national teen dating violence hotline; (G) may provide appropriate assistance and referrals for family and household mem- bers of victims of family violence, domestic violence, or dating violence, and persons af- fected by the victimization described in sub- section (a); and (H) at the discretion of the hotline oper- ator, may provide assistance, or referrals for counseling or intervention, for identified adult and youth perpetrators, including self- identified perpetrators, of family violence, domestic violence, or dating violence, but shall not be required to provide such assist- ance or referrals in any circumstance in which the hotline operator fears the safety of a victim may be impacted by an abuser or suspected abuser. (f) Reports and evaluation The entity receiving a grant under this section shall submit a performance report to the Sec- retary at such time as shall be reasonably re- quired by the Secretary. Such performance re- port shall describe the activities that have been carried out with such grant funds, contain an evaluation of the effectiveness of such activi- ties, and provide such additional information as the Secretary may reasonably require. (Pub. L. 98–457, title III, § 313, as added Pub. L. 111–320, title II, § 201, Dec. 20, 2010, 124 Stat. 3504.) Editorial Notes PRIOR PROVISIONS A prior section 10413, Pub. L. 98–457, title III, § 313, as added Pub. L. 100–294, title III, § 303(c), Apr. 25, 1988, 102 Stat. 125; amended Pub. L. 102–295, title III, § 319, May 28, 1992, 106 Stat. 209, related to family member abuse information and documentation project, prior to repeal by Pub. L. 108–36, title IV, § 409, June 25, 2003, 117 Stat. 827. Page 8069 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10414 § 10414. Domestic Violence Prevention Enhance- ment and Leadership Through Alliances (DELTA) (a) In general The Secretary shall enter into cooperative agreements with State Domestic Violence Coali- tions for the purposes of establishing, operating, and maintaining local community projects to prevent family violence, domestic violence, and dating violence, including violence committed by and against youth, using a coordinated com- munity response model and through prevention and education programs. (b) Term The Secretary shall enter into a cooperative agreement under this section for a period of not more than 5 fiscal years. (c) Conditions on payment The provision of payments under a cooperative agreement under this section shall be subject to— (1) annual approval by the Secretary; and (2) the availability of appropriations for each fiscal year to make the payments. (d) Eligibility To be eligible to enter into a cooperative agreement under this section, an organization shall— (1) be a State Domestic Violence Coalition; and (2) include representatives of pertinent sec- tors of the local community, which may in- clude— (A) health care providers and State or local health departments; (B) the education community; (C) the faith-based community; (D) the criminal justice system; (E) family violence, domestic violence, and dating violence service program advocates; (F) human service entities such as State child services divisions; (G) business and civic leaders; and (H) other pertinent sectors. (e) Applications An organization that desires to enter into a cooperative agreement under this section shall submit to the Secretary an application, in such form and in such manner as the Secretary shall require, that— (1) demonstrates the capacity of the appli- cant, who may enter into a partnership with a local family violence, domestic violence, or dating violence service provider or commu- nity-based organization, to undertake the project involved; (2) demonstrates that the project will in- clude a coordinated community response to improve and expand prevention strategies through increased communication and coordi- nation among all affected sectors of the local community; (3) includes a complete description of the ap- plicant’s plan for the establishment and imple- mentation of the coordinated community re- sponse, including a description of— (A) the method to be used for identifica- tion and selection of an administrative com- mittee made up of persons knowledgeable about comprehensive family violence, do- mestic violence, and dating violence preven- tion planning to oversee the project, hire staff, assure compliance with the project outline, and secure annual evaluation of the project; (B) the method to be used for identifica- tion and selection of project staff and a project evaluator; (C) the method to be used for identifica- tion and selection of a project council con- sisting of representatives of the community sectors listed in subsection (d)(2); and (D) the method to be used for identifica- tion and selection of a steering committee consisting of representatives of the various community sectors who will chair sub- committees of the project council, each of which will focus on 1 of the sectors; (4) demonstrates that the applicant has ex- perience in providing, or the capacity to pro- vide, prevention-focused training and tech- nical assistance; (5) demonstrates that the applicant has the capacity to carry out collaborative commu- nity initiatives to prevent family violence, do- mestic violence, and dating violence; and (6) contains such other information, agree- ments, and assurances as the Secretary may require. (f) Geographical dispersion The Secretary shall enter into cooperative agreements under this section with organiza- tions in States geographically dispersed throughout the Nation. (g) Use of funds (1) In general An organization that enters into a coopera- tive agreement under subsection (a) shall use the funds made available through the agree- ment to establish, operate, and maintain com- prehensive family violence, domestic violence, and dating violence prevention programming. (2) Technical assistance, evaluation and moni- toring The Secretary may use a portion of the funds provided under this section to— (A) provide technical assistance; (B) monitor the performance of organiza- tions carrying out activities under the coop- erative agreements; and (C) conduct an independent evaluation of the program carried out under this section. (3) Requirements In establishing and operating a project under this section, an eligible organization shall— (A) establish protocols to improve and ex- pand family violence, domestic violence, and dating violence prevention and intervention strategies within affected community sec- tors described in subsection (d)(2); (B) develop comprehensive prevention plans to coordinate prevention efforts with other community sectors; (C) provide for periodic evaluation of the project, and analysis to assist in replication