34 U.S.C. § 12451 — Creating hope through outreach, op-

Page 368 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 12441 PART I—PRIVACY PROTECTIONS FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEX- UAL VIOLENCE, AND STALKING § 12441. Grants to protect the privacy and con- fidentiality of victims of domestic violence, dating violence, sexual assault, and stalking The Attorney General, through the Director of the Office on Violence Against Women, may award grants under this part to States, Indian tribes, territories, or local agencies or nonprofit, nongovernmental organizations to ensure that personally identifying information of adult, youth, and child victims of domestic violence, sexual violence, stalking, and dating violence shall not be released or disclosed to the det- riment of such victimized persons. (Pub. L. 103–322, title IV, § 41101, as added Pub. L. 109–162, title I, § 107, Jan. 5, 2006, 119 Stat. 2983.) Editorial Notes CODIFICATION Section was formerly classified to section 14043b of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 12442. Purpose areas Grants made under this part may be used— (1) to develop or improve protocols, proce- dures, and policies for the purpose of pre- venting the release of personally identifying information of victims (such as developing al- ternative identifiers); (2) to defray the costs of modifying or im- proving existing databases, registries, and vic- tim notification systems to ensure that per- sonally identifying information of victims is protected from release, unauthorized informa- tion sharing and disclosure; (3) to develop confidential opt out systems that will enable victims of violence to make a single request to keep personally identifying information out of multiple databases, victim notification systems, and registries; or (4) to develop safe uses of technology (such as notice requirements regarding electronic surveillance by government entities), to pro- tect against abuses of technology (such as electronic or GPS stalking), or providing training for law enforcement on high tech electronic crimes of domestic violence, dating violence, sexual assault, and stalking. (Pub. L. 103–322, title IV, § 41102, as added Pub. L. 109–162, title I, § 107, Jan. 5, 2006, 119 Stat. 2983.) Editorial Notes CODIFICATION Section was formerly classified to section 14043b–1 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 12443. Eligible entities Entities eligible for grants under this part in- clude— (1) jurisdictions or agencies within jurisdic- tions having authority or responsibility for developing or maintaining public databases, registries or victim notification systems; (2) nonprofit nongovernmental victim advo- cacy organizations having expertise regarding confidentiality, privacy, and information tech- nology and how these issues are likely to im- pact the safety of victims; (3) States or State agencies; (4) local governments or agencies; (5) Indian tribal governments or tribal orga- nizations; (6) territorial governments, agencies, or or- ganizations; or (7) nonprofit nongovernmental victim advo- cacy organizations, including statewide do- mestic violence and sexual assault coalitions. (Pub. L. 103–322, title IV, § 41103, as added Pub. L. 109–162, title I, § 107, Jan. 5, 2006, 119 Stat. 2983.) Editorial Notes CODIFICATION Section was formerly classified to section 14043b–2 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 12444. Grant conditions Applicants described in paragraph (1) and paragraphs (3) through (6) shall demonstrate that they have entered into a significant part- nership with a State, tribal, territorial, or local victim service or advocacy organization or con- dition in order to develop safe, confidential, and effective protocols, procedures, policies, and sys- tems for protecting personally identifying infor- mation of victims. (Pub. L. 103–322, title IV, § 41104, as added Pub. L. 109–162, title I, § 107, Jan. 5, 2006, 119 Stat. 2984.) Editorial Notes REFERENCES IN TEXT Paragraph (1) and paragraphs (3) through (6), referred to in text, probably mean paragraphs (1) and (3) through (6) of section 12443 of this title. CODIFICATION Section was formerly classified to section 14043b–3 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PART J—SERVICES, EDUCATION, PROTECTION AND JUSTICE FOR YOUNG VICTIMS OF VIOLENCE § 12451. Creating hope through outreach, op- tions, services, and education for children and youth (‘‘CHOOSE Children & Youth’’) (a) Grants authorized The Attorney General, working in collabora- tion with the Secretary of Health and Human Services and the Secretary of Education, shall award grants to enhance the safety of youth and children who are victims of, or exposed to, do- mestic violence, dating violence, sexual assault, stalking, or sex trafficking and prevent future violence. (b) Program purposes Funds provided under this section may be used for the following program purpose areas: (1) Services to advocate for and respond to youth To develop, expand, and strengthen victim- centered interventions and services that tar- Page 369 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 12451 get youth, including youth in underserved pop- ulations, who are victims of domestic vio- lence, dating violence, sexual assault, stalk- ing, and sex trafficking. Services may include victim services, counseling, advocacy, men- toring, educational support, transportation, legal assistance in civil, criminal and adminis- trative matters, such as family law cases, housing cases, child welfare proceedings, cam- pus administrative proceedings, and civil pro- tection order proceedings, population-specific services, and other activities that support youth in finding safety, stability, and justice and in addressing the emotional, cognitive, and physical effects of trauma. Funds may be used to— (A) assess and analyze currently available services for youth victims of domestic vio- lence, dating violence, sexual assault, stalk- ing, and sex trafficking, determining rel- evant barriers to such services in a par- ticular locality, and developing a commu- nity protocol to address such problems col- laboratively; (B) develop and implement policies, prac- tices, and procedures to effectively respond to domestic violence, dating violence, sexual assault, stalking, or sex trafficking against youth; (C) provide technical assistance and train- ing to enhance the ability of school per- sonnel, victim service providers, child pro- tective service workers, staff of law enforce- ment agencies, prosecutors, court personnel, individuals who work in after school pro- grams, medical personnel, social workers, mental health personnel, and workers in other programs that serve children and youth to improve their ability to appro- priately respond to the needs of children and youth who are victims of domestic violence, dating violence, sexual assault, stalking, and sex trafficking, and to properly refer such children, youth, and their families to appropriate services; (D) clarify State or local mandatory re- porting policies and practices regarding peer-on-peer dating violence, sexual assault, stalking, and sex trafficking; or (E) develop, enlarge, or strengthen cul- turally specific victim services and re- sponses related to, and prevention of, female genital mutilation or cutting. (2) Supporting youth through education and protection To enable middle schools, high schools, and institutions of higher education to— (A) provide training to school personnel, including healthcare providers and security personnel, on the needs of students who are victims of domestic violence, dating vio- lence, sexual assault, stalking, sex traf- ficking, or female genital mutilation or cut- ting; (B) develop and implement prevention and intervention policies in middle and high schools, including appropriate responses to, and identification and referral procedures for, students who are experiencing or perpe- trating domestic violence, dating violence, sexual assault, stalking, or sex trafficking, and procedures for handling the require- ments of court protective orders issued to or against students; (C) provide confidential support services for student victims of domestic violence, dating violence, sexual assault, stalking, or sex trafficking, such as a resource person who is either on-site or on-call; (D) implement developmentally appro- priate educational programming for stu- dents regarding domestic violence, dating vi- olence, sexual assault, stalking, and sex trafficking and the impact of such violence on youth; or (E) develop strategies to increase identi- fication, support, referrals, and prevention programming for youth, including youth in underserved populations, who are at high risk of domestic violence, dating violence, sexual assault, stalking, or sex trafficking. (3) Children exposed to violence and abuse To develop, maintain, or enhance programs designed to prevent future incidents of domes- tic violence, dating violence, sexual assault, and stalking by preventing, reducing and re- sponding to children’s exposure to violence in the home, including by— (A) providing services for children exposed to domestic violence, dating violence, sexual assault or stalking, including— (i) direct counseling or advocacy; and (ii) support for the non-abusing parent; and (B) training and coordination for edu- cational, after-school, and childcare pro- grams on how to— (i) safely and confidentially identity children and families experiencing domes- tic violence, dating violence, sexual as- sault, or stalking; and (ii) properly refer children exposed and their families to services and violence pre- vention programs. (4) Teen dating violence awareness and pre- vention To develop, maintain, or enhance programs that change attitudes and behaviors around the acceptability of domestic violence, dating violence, sexual assault, and stalking and pro- vide education and skills training to young in- dividuals and individuals who influence young individuals, which— (A) may include the use evidenced-based, evidence-informed, or innovative strategies and practices focused on youth; and (B) shall include— (i) age and developmentally-appropriate education on— (I) domestic violence; (II) dating violence; (III) sexual assault; (IV) stalking; (V) sexual coercion; and (VI) healthy relationship skills, in school, in the community, or in health care settings; (ii) community-based collaboration and training for individuals with influence on Page 370 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 12451 youth, such as parents, teachers, coaches, healthcare providers, faith leaders, older teens, and mentors; (iii) education and outreach to change environmental factors contributing to do- mestic violence, dating violence, sexual as- sault, and stalking; and (iv) policy development targeted to pre- vention, including school-based policies and protocols. (c) Eligible applicants (1) In general To be eligible to receive a grant under this section, an entity shall be— (A) a victim service provider, tribal non- profit organization, Native Hawaiian organi- zation, urban Indian organization, or popu- lation-specific or community-based organi- zation with a demonstrated history of effec- tive work addressing the needs of youth who are, including runaway or homeless youth affected by, victims of domestic violence, dating violence, sexual assault, stalking, or sex trafficking; (B) a victim service provider that is partnered with an entity that has a dem- onstrated history of effective work address- ing the needs of youth; or (C) a public, charter, tribal, or nationally accredited private middle or high school, a school administered by the Department of Defense under section 2164 of title 10 or sec- tion 921 of title 20, a group of schools, a school district, or an institution of higher education. (2) Partnerships (A) Education To be eligible to receive a grant for the purposes described in subsection (b)(2), an entity described in subparagraph (A) or (B) of paragraph (1) shall be partnered with a public, charter, tribal, or nationally accred- ited private middle or high school, a school administered by the Department of Defense under section 2164 of title 10 or section 921 of title 20, a group of schools, a school district, or an institution of higher education. (B) Other partnerships All applicants under this section are en- couraged to work in partnership with orga- nizations and agencies that work with the relevant population. Such entities may in- clude— (i) a State, tribe, unit of local govern- ment, or territory; (ii) a population specific or community- based organization; (iii) batterer intervention programs or sex offender treatment programs with spe- cialized knowledge and experience working with youth offenders; or (iv) any other agencies or nonprofit, non- governmental organizations with the ca- pacity to provide effective assistance to the adult, youth, and child victims served by the partnership. (d) Grantee requirements Applicants for grants under this section shall establish and implement policies, practices, and procedures that— (1) require and include appropriate referral systems for child and youth victims; (2) protect the confidentiality and privacy of child and youth victim information, particu- larly in the context of parental or third party involvement and consent, mandatory report- ing duties, and working with other service pro- viders all with priority on victim safety and autonomy; and (3) ensure that all individuals providing intervention or prevention programming to children or youth through a program funded under this section have completed, or will complete, sufficient training in connection with domestic violence, dating violence, sex- ual assault, stalking, and sex trafficking, in- cluding training on working with youth vic- tims of domestic violence, dating violence, sexual assault, or sex trafficking in under- served populations, if such youth are among those being served. (e) Definitions and grant conditions In this section, the definitions and grant con- ditions provided for in section 12291 of this title shall apply. (f) Authorization of appropriations There is authorized to be appropriated to carry out this section, $30,000,000 for each of fis- cal years 2023 through 2027. (g) Allotment (1) In general Not less than 50 percent of the total amount appropriated under this section for each fiscal year shall be used for the purposes described in subsection (b)(1). (2) Indian tribes Not less than 10 percent of the total amount appropriated under this section for each fiscal year shall be made available for grants under the program authorized by section 10452 of this title. The requirements of this section shall not apply to funds allocated under this para- graph. (h) Priority The Attorney General shall prioritize grant applications under this section that coordinate with prevention programs in the community. (Pub. L. 103–322, title IV, § 41201, as added Pub. L. 113–4, title III, § 302, Mar. 7, 2013, 127 Stat. 84; amended Pub. L. 115–393, title I, § 102, Dec. 21, 2018, 132 Stat. 5266; Pub. L. 117–103, div. W, title III, § 302, Mar. 15, 2022, 136 Stat. 865.) Editorial Notes CODIFICATION Section was formerly classified to section 14043c of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 41201 of title IV of Pub. L. 103–322, as added Pub. L. 109–162, title III, § 303, Jan. 5, 2006, 119 Stat. 3004, related to services to advocate for and re- spond to youth, prior to repeal by Pub. L. 113–4, title III, § 302, Mar. 7, 2013, 127 Stat. 84. AMENDMENTS 2022—Subsec. (b)(1). Pub. L. 117–103, § 302(1)(A)(i), sub- stituted ‘‘target youth, including youth in underserved Page 371 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 12462 populations, who are victims of domestic violence, dat- ing violence, sexual assault, stalking, and sex traf- ficking’’ for ‘‘target youth who are victims of domestic violence, dating violence, sexual assault, stalking, and sex trafficking’’ in introductory provisions. Subsec. (b)(1)(D), (E). Pub. L. 117–103, § 302(1)(A)(ii)–(iv), added subpars. (D) and (E). Subsec. (b)(2)(A). Pub. L. 117–103, § 302(1)(B)(i), sub- stituted ‘‘stalking, sex trafficking, or female genital mutilation or cutting’’ for ‘‘stalking, or sex traf- ficking’’. Subsec. (b)(2)(C). Pub. L. 117–103, § 302(1)(B)(ii), in- serted ‘‘confidential’’ before ‘‘support services’’. Subsec. (b)(2)(E). Pub. L. 117–103, § 302(1)(B)(iii), in- serted ‘‘, including youth in underserved populations,’’ after ‘‘programming for youth’’. Subsec. (b)(3), (4). Pub. L. 117–103, § 302(1)(C), added pars. (3) and (4). Subsec. (c)(1)(A). Pub. L. 117–103, § 302(2)(A)(ii), which directed insertion of ‘‘Native Hawaiian organization, urban Indian organization,’’ before ‘‘or population-spe- cific community-based organization’’, was executed by making the insertion before ‘‘or population-specific or community-based organization’’, to reflect the prob- able intent of Congress. Pub. L. 117–103, § 302(2)(A)(i), inserted ‘‘organization’’ after ‘‘tribal nonprofit’’. Subsec. (c)(2)(A). Pub. L. 117–103, § 302(2)(B), sub- stituted ‘‘subparagraph (A) or (B) of paragraph (1)’’ for ‘‘paragraph (1)’’. Subsec. (d)(3). Pub. L. 117–103, § 302(3), substituted ‘‘, including training on working with youth victims of domestic violence, dating violence, sexual assault, or sex trafficking in underserved populations, if such youth are among those being served.’’ for period at end. Subsec. (f). Pub. L. 117–103, § 302(4), which directed substitution of ‘‘$30,000,000 for each of fiscal years 2023 through 2027’’ for ‘‘$15,000,000 for each of fiscal years 2014 through 2018’’, was executed by making the substi- tution for ‘‘$15,000,000 for each of fiscal years 2019 through 2022’’, to reflect the probable intent of Con- gress. 2018—Subsec. (f). Pub. L. 115–393 substituted ‘‘2019 through 2022’’ for ‘‘2014 through 2018’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade. EFFECTIVE DATE Section not effective until the beginning of the fiscal year following Mar. 7, 2013, see section 4 of Pub. L. 113–4, set out as an Effective Date of 2013 Amendment note under section 2261 of Title 18, Crimes and Criminal Procedure. PART K—STRENGTHENING AMERICA’S FAMILIES BY PREVENTING VIOLENCE AGAINST WOMEN AND CHILDREN § 12461. Findings Congress finds that— (1) the former United States Advisory Board on Child Abuse suggests that domestic vio- lence may be the single major precursor to child abuse and neglect fatalities in this coun- try; (2) studies suggest that as many as 10,000,000 children witness domestic violence every year; (3) studies suggest that among children and teenagers, recent exposure to violence in the home was a significant factor in predicting a child’s violent behavior; (4) a study by the Nurse-Family Partnership found that children whose parents did not par- ticipate in home visitation programs that pro- vided coaching in parenting skills, advice and support, were almost 5 times more likely to be abused in their first 2 years of life; (5) a child’s exposure to domestic violence seems to pose the greatest independent risk for being the victim of any act of partner vio- lence as an adult; (6) children exposed to domestic violence are more likely to believe that using violence is an effective means of getting one’s needs met and managing conflict in close relationships; (7) children exposed to abusive parenting, harsh or erratic discipline, or domestic vio- lence are at increased risk for juvenile crime; and (8) in a national survey of more than 6,000 American families, 50 percent of men who fre- quently assaulted their wives also frequently abused their children. (Pub. L. 103–322, title IV, § 41301, as added Pub. L. 109–162, title IV, § 401, Jan. 5, 2006, 119 Stat. 3017.) Editorial Notes CODIFICATION Section was formerly classified to section 14043d of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 12462. Purpose The purpose of this part is to— (1) prevent crimes involving violence against women, children, and youth; (2) increase the resources and services avail- able to prevent violence against women, chil- dren, and youth; (3) reduce the impact of exposure to violence in the lives of children and youth so that the intergenerational cycle of violence is inter- rupted; (4) develop and implement education and services programs to prevent children in vul- nerable families from becoming victims or perpetrators of domestic violence, dating vio- lence, sexual assault, or stalking; (5) promote programs to ensure that chil- dren and youth receive the assistance they need to end the cycle of violence and develop mutually respectful, nonviolent relationships; and (6) encourage collaboration among commu- nity-based organizations and governmental agencies serving children and youth, providers of health and mental health services and pro- viders of domestic violence, dating violence, sexual assault, and stalking victim services to prevent violence against women and children. (Pub. L. 103–322, title IV, § 41302, as added Pub. L. 109–162, title IV, § 401, Jan. 5, 2006, 119 Stat. 3018.) Editorial Notes CODIFICATION Section was formerly classified to section 14043d–1 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section.