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 elements of American society have a shared responsibility in responding to child abuse and ne- glect; ‘‘(9) substantial reductions in the prevalence and incidence of child abuse and neglect and the allevi- ation of its consequences are matters of the highest national priority; ‘‘(10) national policy should strengthen families to prevent child abuse and neglect, provide support for needed services to prevent the unnecessary removal of children from families, and promote the reunifica- tion of families where appropriate; ‘‘(11) the child protection system should be com- prehensive, child-centered, family-focused, and com- munity-based, should incorporate all appropriate measures to prevent the occurrence or recurrence of child abuse and neglect, and should promote physical and psychological recovery and social re-integration in an environment that fosters the health, safety, self-respect, and dignity of the child; ‘‘(12) because both child maltreatment and domes- tic violence occur in up to 60 percent of the families in which either is present, States and communities should adopt assessments and intervention proce- dures aimed at enhancing the safety both of children and victims of domestic violence; ‘‘(13) because of the limited resources available in low-income communities, Federal aid for the child protection system should be distributed with due re- gard to the relative financial need of the commu- nities; ‘‘(14) the Federal Government should assist States and communities with the fiscal, human, and tech- nical resources necessary to develop and implement a successful and comprehensive child and family pro- tection strategy; and ‘‘(15) the Federal Government should provide lead- ership and assist communities in their child and fam- ily protection efforts by— ‘‘(A) promoting coordinated planning among all levels of government; ‘‘(B) generating and sharing knowledge relevant to child and family protection, including the devel- opment of models for service delivery; ‘‘(C) strengthening the capacity of States to as- sist communities; ‘‘(D) allocating financial resources to assist States in implementing community plans; ‘‘(E) helping communities to carry out their child and family protection plans by promoting the com- petence of professional, paraprofessional, and vol- unteer resources; and ‘‘(F) providing leadership to end the abuse and ne- glect of the nation’s children and youth.’’ DEFINITIONS Pub. L. 93–247, § 3, as added by Pub. L. 111–320, title I, § 142(a), Dec. 20, 2010, 124 Stat. 3482, as amended by Pub. L. 114–22, title VIII, § 802(c)(2), May 29, 2015, 129 Stat. 264, provided that: ‘‘In this Act [see Short Title note above]— ‘‘(1) the term ‘child’ means a person who has not at- tained the lesser of— ‘‘(A) the age of 18; or ‘‘(B) except in the case of sexual abuse, the age specified by the child protection law of the State in which the child resides; ‘‘(2) the term ‘child abuse and neglect’ means, at a minimum, any recent act or failure to act on the part of a parent or caretaker, which results in death, seri- ous physical or emotional harm, sexual abuse or ex- ploitation (including sexual abuse as determined under section 111 [42 U.S.C. 5106g]), or an act or fail- ure to act which presents an imminent risk of serious harm; ‘‘(3) the term ‘child with a disability’ means a child with a disability as defined in section 602 of the Indi- viduals with Disabilities Education Act (20 U.S.C. 1401), or an infant or toddler with a disability as de- fined in section 632 of such Act (20 U.S.C. 1432); ‘‘(4) the term ‘Governor’ means the chief executive officer of a State; ‘‘(5) the terms ‘Indian’, ‘Indian tribe’, and ‘tribal or- ganization’ have the meanings given the terms in sec- tion 4 of the Indian Self-Determination and Edu- cation Assistance Act (25 U.S.C. 450b) [now 25 U.S.C. 5304]; ‘‘(6) the term ‘Secretary’ means the Secretary of Health and Human Services; ‘‘(7) except as provided in section 106(f) [42 U.S.C. 5106a(f)], the term ‘State’ means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mar- iana Islands; and ‘‘(8) the term ‘unaccompanied homeless youth’ means an individual who is described in paragraphs (2) and (6) of section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).’’ § 5102. Advisory board on child abuse and ne- glect (a) Appointment The Secretary may appoint an advisory board to make recommendations to the Secretary and to the appropriate committees of Congress con- cerning 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 knowledge- able in child abuse and neglect prevention, intervention, treatment, or research, and with Page 6303 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5102 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 develop- ment); (3) social services (including child protective services); (4) health care providers (including pediatri- cians); (5) State and local government; (6) organizations providing services to dis- abled persons; (7) organizations providing services to ado- lescents; (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 appro- priate committees of Congress a report, or in- terim report, containing— (1) recommendations on coordinating Fed- eral, State, tribal, and local child abuse and neglect activities with similar activities at the Federal, State, tribal, and local level per- taining to family violence prevention; (2) specific modifications needed in Federal, State, and tribal laws and programs to reduce the number of unfounded or unsubstantiated reports of child abuse or neglect while enhanc- ing the ability to identify and substantiate le- gitimate cases of child abuse or neglect which place a child in danger; and (3) recommendations for modifications need- ed to facilitate coordinated national data col- lection with respect to child protection and child welfare. (Pub. L. 93–247, title I, § 102, formerly § 3, Jan. 31, 1974, 88 Stat. 5; Pub. L. 95–266, title I, § 102, Apr. 24, 1978, 92 Stat. 206; Pub. L. 98–457, title I, §§ 102, 121, Oct. 9, 1984, 98 Stat. 1750, 1752; Pub. L. 100–294, title I, § 101, Apr. 25, 1988, 102 Stat. 103; renumbered title I, § 102, and amended Pub. L. 101–126, § 3(a)(1), (2), (b)(1), Oct. 25, 1989, 103 Stat. 764; Pub. L. 102–295, title I, § 111, May 28, 1992, 106 Stat. 190; Pub. L. 104–235, title I, § 102, Oct. 3, 1996, 110 Stat. 3065; Pub. L. 111–320, title I, § 111, Dec. 20, 2010, 124 Stat. 3460.) Editorial Notes AMENDMENTS 2010—Subsec. (c)(4). Pub. L. 111–320, § 111(1)(A), sub- stituted ‘‘health care providers (including pediatri- cians)’’ for ‘‘medicine (including pediatrics)’’. Subsec. (c)(14). Pub. L. 111–320, § 111(1)(B)–(D), added par. (14). Subsec. (f)(1). Pub. L. 111–320, § 111(2)(A), inserted ‘‘tribal,’’ after ‘‘State,’’ in two places. Subsec. (f)(2). Pub. L. 111–320, § 111(2)(B), substituted ‘‘Federal, State, and tribal’’ for ‘‘Federal and State’’ and ‘‘child abuse or neglect which’’ for ‘‘abuse or ne- glect which’’. 1996—Pub. L. 104–235 amended section generally, sub- stituting present provisions for provisions which re- lated to appointment of Advisory Board on Child Abuse and Neglect in subsec. (a); solicitation of nominations in subsec. (b); composition of Advisory Board in subsec. (c); election of officers in subsec. (d); meetings in sub- sec. (e); duties in subsec. (f); compensation in subsec. (g); and authorization of appropriations in subsec. (h). 1992—Subsec. (f)(4). Pub. L. 102–295, § 111(a), added par. (4). Subsec. (h). Pub. L. 102–295, § 111(b), added subsec. (h). 1989—Subsecs. (c)(1)(A), (e), (f)(2)(E). Pub. L. 101–126, § 3(b)(1), made technical amendments to references to sections 5103, 5105, and 5106 of this title to reflect re- numbering of corresponding sections of original act. 1988—Pub. L. 100–294 amended section generally, sub- stituting provisions relating to Advisory Board on Child Abuse and Neglect for provisions relating to defi- nitions. See section 5106g of this title. 1984—Cl. (1). Pub. L. 98–457, § 121(1), designated provi- sions after opening phrase as cl. (1). Pub. L. 98–457, § 102(1), inserted ‘‘(including any em- ployee of a residential facility or any staff person pro- viding out-of-home care)’’. Cl. (2). Pub. L. 98–457, § 102(2), (3), added cl. (2). Cl. (3). Pub. L. 98–457, § 121(2), (3), added cl. (3). 1978—Pub. L. 95–266 inserted ‘‘or exploitation’’ after ‘‘sexual abuse’’ and ‘‘, or the age specified by the child protection law of the State in question,’’ after ‘‘eight- een’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1989 AMENDMENT Pub. L. 101–126, § 8, Oct. 25, 1989, 103 Stat. 769, provided that: ‘‘This Act and the amendments made by this Act [see Short Title of 1989 Amendment note set out under section 5101 of this title] shall take effect October 1, 1989, or upon the date of the enactment of this Act [Oct. 25, 1989], whichever occurs later.’’ EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–457, title I, § 128, Oct. 9, 1984, 98 Stat. 1755, provided that: ‘‘(a) Except as provided in subsection (b), the provi- sions of this part or any amendment made by this part [part B (§§ 121–128) of title I of Pub. L. 98–457, amending this section and section 5103 of this title and enacting provisions set out as notes under sections 5101 and 5103 of this title] shall be effective on the date of the enact- ment of this Act [Oct. 9, 1984]. ‘‘(b)(1) Except as provided in paragraph (2), the amendments made by sections 122 and 123(b) of this Act [amending section 5103 of this title] shall become effec- tive one year after the date of such enactment [Oct. 9, 1984]. ‘‘(2) In the event that, prior to such effective date, funds have not been appropriated pursuant to section 5 of the Act (as amended by section 104 of this Act) [sec- tion 5104 of this title] for the purpose of grants under section 4(c)(1) of the Act (as added by section 123(a) of this Act) [section 5103(c)(1) of this title], any State which has not met any requirement of section 4(b)(2)(K) of the Act (as added by section 122(3) of this Act) may be granted a waiver of such requirements for a period of not more than one year, if the Secretary finds that such State is making a good-faith effort to comply with such requirements.’’ TERMINATION OF ADVISORY BOARDS Advisory boards established after Jan. 5, 1973, to ter- minate not later than the expiration of the 2-year pe- Page 6304 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5103 riod beginning on the date of its establishment, unless, in the case of a board established by the President or an officer of the Federal Government, such board is re- newed by appropriate action prior to the end of such period, or in the case of a board established by the Con- gress, its duration is otherwise provided by law, see sections 1001(2) and 1013 of Title 5, Government Organi- zation and Employees. LIMITATIONS ON USE OF APPROPRIATED FUNDS Pub. L. 105–277, div. A, § 101(f) [title II, § 206], Oct. 21, 1998, 112 Stat. 2681–337, 2681–359, provided that: ‘‘None of the funds appropriated in this Act or subsequent De- partments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Acts, may be obligated or expended for the Federal Council on Aging under the Older Americans Act [of 1965, 42 U.S.C. 3001 et seq.] or the Advisory Board on Child Abuse and Neglect under the Child Abuse Prevention and Treatment Act [42 U.S.C. 5101 et seq.].’’ Similar provisions were contained in the following prior appropriation acts: Pub. L. 105–78, title II, § 206, Nov. 13, 1997, 111 Stat. 1489. Pub. L. 104–208, div. A, § 101(e) [title II, § 208], Sept. 30, 1996, 110 Stat. 3009–233, 3009–254. Pub. L. 104–134, title I, § 101(d) [title II, § 209], Apr. 26, 1996, 110 Stat. 1321–211, 1321–228; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327. § 5103. Repealed. Pub. L. 104–235, title I, § 103, Oct. 3, 1996, 110 Stat. 3066 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, re- lated to the Inter-Agency Task Force on Child Abuse and Neglect. § 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, estab- lish a national clearinghouse for information re- lating to child abuse and neglect. (b) Functions The Secretary shall, through the clearing- house established by subsection (a)— (1) maintain, coordinate, and disseminate in- formation 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 in- formation on the medical diagnosis and treat- ment 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 im- provements in child protective systems; (5) maintain and disseminate information about the requirements of section 5106a(b)(2)(B)(iii) of this title and best prac- tices relating to the development of plans of safe care as described in such section for in- fants born and identified as being affected by substance abuse or withdrawal symptoms, or a Fetal Alcohol Spectrum Disorder; (6) maintain and disseminate information re- lating to— (A) the incidence of cases of child abuse and neglect in the United States; (B) the incidence of such cases in popu- lations determined by the Secretary under section 105(a)(1) of the Child Abuse Preven- tion, Adoption, and Family Services Act of 1988 (42 U.S.C. 5105 note); and (C) the incidence of any such cases related to substance abuse; (7) provide technical assistance upon request that may include an evaluation or identifica- tion of— (A) various methods and procedures for the investigation, assessment, and prosecution of child physical and sexual abuse cases; (B) ways to mitigate psychological trauma to the child victim; and (C) effective programs carried out by the States under this subchapter and subchapter III; (8) collect and disseminate information re- lating to various training resources available at the State and local level to— (A) individuals who are engaged, or who intend to engage, in the prevention, identi- fication, and treatment of child abuse and neglect; and (B) appropriate State and local officials to assist in training law enforcement, legal, ju- dicial, medical, mental health, education, child welfare, substance abuse treatment services, and domestic violence services per- sonnel; and (9) collect and disseminate information, in conjunction with the National Resource Cen- ters authorized in section 10410(b) of this title, on effective programs and best practices for developing and carrying out collaboration be- tween entities providing child protective serv- ices and entities providing domestic violence services. (c) Coordination with available resources (1) In general In establishing a national clearinghouse as required by subsection (a), the Secretary shall— (A) consult with other Federal agencies that operate similar clearinghouses; (B) consult with the head of each agency involved with child abuse and neglect on the development of the components for informa- tion collection and management of such clearinghouse and on the mechanisms for the sharing of such information with other Federal agencies and clearinghouses; (C) develop a Federal data system involv- ing the elements under subsection (b) which, to the extent practicable, coordinates exist- ing Federal, State, tribal, regional, and local child welfare data systems which shall in- clude—