42 U.S.C. § 5106c — Grants to States for programs relating to

Page 6328 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5106a–1 EFFECTIVE DATE OF 2015 AMENDMENT Pub. L. 114–22, title VIII, § 802(a), May 29, 2015, 129 Stat. 263, provided that: ‘‘The amendments to the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 et seq.) made by this section [amending this section and section 5106g of this title and provisions set out as a note under section 5101 of this title] shall take effect 2 years after the date of the enactment of this Act [May 29, 2015].’’ EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102–295, title I, § 114(d), May 28, 1992, 106 Stat. 195, as amended by Pub. L. 103–171, § 9(a), Dec. 2, 1993, 107 Stat. 1994, provided that: ‘‘The amendments de- scribed in subsections (a) and (b) [amending this sec- tion] are made upon the date of the enactment of this Act [May 28, 1992]. Such amendments take effect on Oc- tober 1 of the first fiscal year for which $40,000,000 or more is made available under subsection (a)(2)(B)(ii) of section 114 of the Child Abuse Prevention and Treat- ment Act [section 5106h(a)(2)(B)(ii) of this title] (as amended by section 117 of this Act). Prior to such amendments taking effect, section 107(a) of the Child Abuse Prevention and Treatment Act [subsec. (a) of this section], as in effect on the day before the date of the enactment of this Act, continues to be in effect.’’ [Pub. L. 103–171, § 9(b), Dec. 2, 1993, 107 Stat. 1994, pro- vided that: ‘‘The amendments made by subsection (a) [amending section 114(d) of Pub. L. 102–295, set out above] take effect on September 30, 1993.’’] CONSTRUCTION OF 2016 AMENDMENT Pub. L. 114–198, title V, § 503(e), July 22, 2016, 130 Stat. 731, provided that: ‘‘Nothing in this section [enacting section 5108 of this title, amending this section and sec- tion 5104 of this title, and enacting provisions set out as a note above], or the amendments made by this sec- tion, shall be construed to authorize the Secretary of Health and Human Services or any other officer of the Federal Government to add new requirements to sec- tion 106(b) of the Child Abuse Prevention and Treat- ment Act (42 U.S.C. 5106a(b)), as amended by this sec- tion.’’ REPORT Pub. L. 108–36, title I, § 114(e), June 25, 2003, 117 Stat. 812, required the Secretary of Health and Human Serv- ices to prepare and submit to Congress, not later than 2 years after June 25, 2003, a report describing the ex- tent of State implementation of the policies and proce- dures required under section 5106a(b)(2)(B)(ii) of this title. CONGRESSIONAL FINDINGS Pub. L. 102–586, § 9(a), Nov. 4, 1992, 106 Stat. 5036, pro- vided that: ‘‘The Congress finds that— ‘‘(1) circumstances surrounding the death of a young boy named Adam Mann in New York City prompted a shocking documentary focusing on the in- ability of child protection services to protect suf- fering children; ‘‘(2) the documentary described in paragraph (1) showed the serious need for systemic changes in our child welfare protection system; ‘‘(3) thorough, coordinated, and comprehensive in- vestigation will, it is hoped, lead to the prevention of abuse, neglect, or death in the future; ‘‘(4) an undue burden is placed on investigation due to strict Federal and State laws and regulations re- garding confidentiality; ‘‘(5) while the Congress recognizes the importance of maintaining the confidentiality of records per- taining to child abuse, neglect, and death, often the purpose of confidentiality laws and regulations are [sic] defeated when they have the effect of protecting those responsible; ‘‘(6) comprehensive and coordinated interagency communication needs to be established, with ade- quate provisions to protect against the public disclo- sure of any detrimental information need to be estab- lished [sic]; ‘‘(7) certain States, including Georgia, North Caro- lina, California, Missouri, Arizona, Minnesota, Okla- homa, and Oregon, have taken steps to establish by statute interagency, multidisciplinary fatality re- view teams to fully investigate incidents of death be- lieved to be caused by child abuse or neglect; ‘‘(8) teams such as those described in paragraph (7) should be established in every State, and their scope of review should be expanded to include egregious in- cidents of child abuse and neglect before the child in question dies; and ‘‘(9) teams such as those described in paragraph (7) will increase the accountability of child protection services.’’ § 5106a–1. Repealed. Pub. L. 103–252, title IV, § 401(b)(2), May 18, 1994, 108 Stat. 672 Section, Pub. L. 93–247, title I, § 107A, as added Pub. L. 101–226, § 21, Dec. 12, 1989, 103 Stat. 1937; amended Pub. L. 102–295, title I, § 115(a), May 28, 1992, 106 Stat. 195, related to emergency child abuse prevention serv- ices grants. § 5106b. Repealed. Pub. L. 104–235, title I, § 108, Oct. 3, 1996, 110 Stat. 3078 Section, Pub. L. 93–247, title I, § 108, formerly § 9, as added Pub. L. 100–294, title I, § 101, Apr. 25, 1988, 102 Stat. 113; renumbered title I, § 108, and amended Pub. L. 101–126, § 3(a)(1), (2), (b)(4), Oct. 25, 1989, 103 Stat. 764, 765, related to technical assistance to States for child abuse prevention and treatment programs. § 5106c. Grants to States for programs relating to investigation and prosecution of child abuse and neglect cases (a) Grants to States The Secretary, in consultation with the Attor- ney General, is authorized to make grants to the States for the purpose of assisting States in de- veloping, establishing, and operating programs designed to improve— (1) the assessment and investigation of sus- pected child abuse and neglect cases, including cases of suspected child sexual abuse and ex- ploitation, in a manner that limits additional trauma to the child and the child’s family; (2) the assessment and investigation of cases of suspected child abuse-related fatalities and suspected child neglect-related fatalities; (3) the investigation and prosecution of cases of child abuse and neglect, including child sexual abuse and exploitation; and (4) the assessment and investigation of cases involving children with disabilities or serious health-related problems who are suspected vic- tims of child abuse or neglect. (b) Eligibility requirements In order for a State to qualify for assistance under this section, such State shall— (1) fulfill the requirements of section 5106a(b) of this title; (2) establish a task force as provided in sub- section (c); (3) fulfill the requirements of subsection (d); (4) submit annually an application to the Secretary at such time and containing such information and assurances as the Secretary considers necessary, including an assurance that the State will— Page 6329 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5106c (A) make such reports to the Secretary as may reasonably be required; and (B) maintain and provide access to records relating to activities under subsections (a) and (b); and (5) submit annually to the Secretary a re- port on the manner in which assistance re- ceived under this program was expended throughout the State, with particular atten- tion focused on the areas described in para- graphs (1) through (3) of subsection (a). (c) State task forces (1) General rule Except as provided in paragraph (2), a State requesting assistance under this section shall establish or designate, and maintain, a State multidisciplinary task force on children’s jus- tice (hereinafter referred to as ‘‘State task force’’) composed of professionals with knowl- edge and experience relating to the criminal justice system and issues of child physical abuse, child neglect, child sexual abuse and ex- ploitation, and child maltreatment related fa- talities. The State task force shall include— (A) individuals representing the law en- forcement community; (B) judges and attorneys involved in both civil and criminal court proceedings related to child abuse and neglect (including indi- viduals involved with the defense as well as the prosecution of such cases); (C) child advocates, including both attor- neys for children and, where such programs are in operation, court appointed special ad- vocates; (D) health and mental health profes- sionals; (E) individuals representing child protec- tive service agencies; (F) individuals experienced in working with children with disabilities; (G) parents; (H) representatives of parents’ groups; (I) adult former victims of child abuse or neglect; and (J) individuals experienced in working with homeless children and youths (as de- fined in section 11434a of this title). (2) Existing task force As determined by the Secretary, a State commission or task force established after January 1, 1983, with substantially comparable membership and functions, may be considered the State task force for purposes of this sub- section. (d) State task force study Before a State receives assistance under this section, and at three year intervals thereafter, the State task force shall comprehensively— (1) review and evaluate State investigative, administrative and both civil and criminal ju- dicial handling of cases of child abuse and ne- glect, including child sexual abuse and exploi- tation, as well as cases involving suspected child maltreatment related fatalities and cases involving a potential combination of ju- risdictions, such as intrastate, interstate, Fed- eral-State, and State-Tribal; and (2) make policy and training recommenda- tions in each of the categories described in subsection (e). The task force may make such other comments and recommendations as are considered relevant and useful. (e) Adoption of State task force recommenda- tions (1) General rule Subject to the provisions of paragraph (2), before a State receives assistance under this section, a State shall adopt recommendations of the State task force in each of the following categories— (A) investigative, administrative, and judi- cial handling of cases of child abuse and ne- glect, including child sexual abuse and ex- ploitation, as well as cases involving sus- pected child maltreatment related fatalities and cases involving a potential combination of jurisdictions, such as intrastate, inter- state, Federal-State, and State-Tribal, in a manner which reduces the additional trauma to the child victim and the victim’s family and which also ensures procedural fairness to the accused; (B) experimental, model, and demonstra- tion programs for testing innovative ap- proaches and techniques which may improve the prompt and successful resolution of civil and criminal court proceedings or enhance the effectiveness of judicial and administra- tive action in child abuse and neglect cases, particularly child sexual abuse and exploi- tation cases, including the enhancement of performance of court-appointed attorneys and guardians ad litem for children, and which also ensure procedural fairness to the accused; and (C) reform of State laws, ordinances, regu- lations, protocols, and procedures to provide comprehensive protection for children, which may include those children involved in reports of child abuse or neglect with a potential combination of jurisdictions, such as intrastate, interstate, Federal-State, and State-Tribal, from child abuse and neglect, including child sexual abuse and exploi- tation, while ensuring fairness to all af- fected persons. (2) Exemption As determined by the Secretary, a State shall be considered to be in fulfillment of the requirements of this subsection if— (A) the State adopts an alternative to the recommendations of the State task force, which carries out the purpose of this section, in each of the categories under paragraph (1) for which the State task force’s rec- ommendations are not adopted; or (B) the State is making substantial progress toward adopting recommendations of the State task force or a comparable al- ternative to such recommendations. (f) Funds available For grants under this section, the Secretary shall use the amount authorized by section 20104 of title 34. Page 6330 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5106c (Pub. L. 93–247, title I, § 107, formerly § 10, as added Pub. L. 100–294, title I, § 101, Apr. 25, 1988, 102 Stat. 113; renumbered title I, § 109, and amended Pub. L. 101–126, § 3(a)(1), (2), (b)(5), Oct. 25, 1989, 103 Stat. 764, 765; Pub. L. 102–295, title I, § 116(a), May 28, 1992, 106 Stat. 195; renumbered § 107 and amended Pub. L. 104–235, title I, § 113(a)(1)(B), (2), Oct. 3, 1996, 110 Stat. 3079; Pub. L. 108–36, title I, § 115, June 25, 2003, 117 Stat. 812; Pub. L. 111–320, title I, § 116, Dec. 20, 2010, 124 Stat. 3474.) Editorial Notes PRIOR PROVISIONS A prior section 107 of Pub. L. 93–247 was renumbered section 106 and is classified to section 5106a of this title. AMENDMENTS 2010—Subsec. (a)(1), (2). Pub. L. 111–320, § 116(1)(A), added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows: ‘‘(1) the handling of child abuse and neglect cases, particularly cases of child sexual abuse and exploi- tation, in a manner which limits additional trauma to the child victim; ‘‘(2) the handling of cases of suspected child abuse or neglect related fatalities;’’. Subsec. (a)(3). Pub. L. 111–320, § 116(1)(B), substituted ‘‘including’’ for ‘‘particularly’’. Subsec. (a)(4). Pub. L. 111–320, § 116(1)(C), substituted ‘‘the assessment and investigation’’ for ‘‘the handling’’ and ‘‘suspected victims of child abuse’’ for ‘‘victims of abuse’’. Subsec. (b)(1). Pub. L. 111–320, § 116(2), made technical amendment to reference in original act which appears in text as reference to section 5106a(b) of this title. Subsec. (c)(1)(I), (J). Pub. L. 111–320, § 116(3), added subpars. (I) and (J). Subsec. (d)(1). Pub. L. 111–320, § 116(4), substituted ‘‘in- cluding’’ for ‘‘particularly’’ and inserted ‘‘intrastate,’’ before ‘‘interstate’’. Subsec. (e)(1)(A). Pub. L. 111–320, § 116(5)(A), sub- stituted ‘‘including’’ for ‘‘particularly’’ and inserted ‘‘intrastate,’’ before ‘‘interstate,’’. Subsec. (e)(1)(B). Pub. L. 111–320, § 116(5)(B), inserted a comma after ‘‘model’’ and substituted ‘‘improve the prompt and successful resolution of civil and criminal court proceedings or enhance the effectiveness of judi- cial and administrative action in child abuse and ne- glect cases, particularly child sexual abuse and exploi- tation cases, including the enhancement of perform- ance of court-appointed attorneys and guardians ad litem for children’’ for ‘‘improve the rate of successful prosecution or enhance the effectiveness of judicial and administrative action in child abuse cases, particularly child sexual abuse cases’’. Subsec. (e)(1)(C). Pub. L. 111–320, § 116(5)(C), inserted a comma after ‘‘protocols’’ and ‘‘, which may include those children involved in reports of child abuse or ne- glect with a potential combination of jurisdictions, such as intrastate, interstate, Federal-State, and State-Tribal,’’ after ‘‘protection for children’’ and sub- stituted ‘‘from child abuse and neglect’’ for ‘‘from abuse’’ and ‘‘including’’ for ‘‘particularly’’. Subsec. (f). Pub. L. 111–320, § 116(6), made technical amendment to reference in original act which appears in text as reference to section 20104 of title 34. 2003—Subsec. (a)(4). Pub. L. 108–36 added par. (4). 1996—Subsec. (a). Pub. L. 104–235, § 113(a)(2)(A), sub- stituted ‘‘The Secretary, in consultation’’ for ‘‘The Secretary, acting through the Center and in consulta- tion’’ in introductory provisions. Subsec. (b)(1). Pub. L. 104–235, § 113(a)(2)(B), sub- stituted ‘‘section’’ for ‘‘sections’’. Subsec. (c)(1). Pub. L. 104–235, § 113(a)(2)(C), inserted comma after ‘‘maintain’’ in introductory provisions and semicolon at end of subpar. (F). Subsec. (d)(1). Pub. L. 104–235, § 113(a)(2)(D), inserted ‘‘and’’ at end. 1992—Pub. L. 102–295, § 116(a)(1), in section catchline inserted ‘‘and neglect’’ after ‘‘child abuse’’. Subsec. (a). Pub. L. 102–295, § 116(a)(2), added pars. (1) to (3) and struck out former pars. (1) and (2) which read as follows: ‘‘(1) the handling of child abuse cases, particularly cases of child sexual abuse, in a manner which limits additional trauma to the child victim; and ‘‘(2) the investigation and prosecution of cases of child abuse, particularly child sexual abuse.’’ Subsec. (b)(1). Pub. L. 102–295, § 116(a)(3)(A), sub- stituted ‘‘sections 5106a(b) of this title’’ for ‘‘sections 5106a(b) and 5106a(e) of this title or receive a waiver under section 5106a(c) of this title’’. Subsec. (b)(4). Pub. L. 102–295, § 116(a)(3)(C), inserted ‘‘annually’’ after ‘‘submit’’. Subsec. (b)(5). Pub. L. 102–295, § 116(a)(3)(B), (D), added par. (5). Subsec. (c)(1). Pub. L. 102–295, § 116(a)(4), in introduc- tory provisions inserted ‘‘, and maintain’’ after ‘‘des- ignate’’ and substituted ‘‘child physical abuse, child ne- glect, child sexual abuse and exploitation, and child maltreatment related fatalities’’ for ‘‘child abuse’’, in subpar. (B) substituted ‘‘judges and attorneys involved in both civil and criminal court proceedings related to child abuse and neglect’’ for ‘‘judicial and legal offi- cers’’, in subpar. (C) inserted ‘‘, including both attor- neys for children and, where such programs are in oper- ation, court appointed special advocates’’, and in sub- par. (F) substituted ‘‘disabilities’’ for ‘‘handicaps;’’. Subsec. (d). Pub. L. 102–295, § 116(a)(5), in introductory provisions substituted ‘‘and at three year intervals thereafter, the State task force shall comprehensively’’ for ‘‘the State task force shall’’, in par. (1) substituted ‘‘both civil and criminal judicial handling of cases of child abuse and neglect, particularly child sexual abuse and exploitation, as well as cases involving suspected child maltreatment related fatalities and cases involv- ing a potential combination of jurisdictions, such as interstate, Federal-State, and State-Tribal;’’ for ‘‘judi- cial handling of cases of child abuse, particularly child sexual abuse; and’’ and in par. (2) inserted ‘‘policy and training’’ before ‘‘recommendations’’. Subsec. (e)(1)(A). Pub. L. 102–295, § 116(a)(6)(A), sub- stituted ‘‘child abuse and neglect, particularly child sexual abuse and exploitation, as well as cases involv- ing suspected child maltreatment related fatalities and cases involving a potential combination of jurisdic- tions, such as interstate, Federal-State, and State- Tribal, in a manner which reduces the additional trau- ma to the child victim and the victim’s family’’ for ‘‘child abuse, particularly child sexual abuse cases, in a manner which reduces the additional trauma to the child victim’’. Subsec. (e)(1)(B). Pub. L. 102–295, § 116(a)(6)(B), which directed substitution of ‘‘improve the prompt and suc- cessful resolution of civil and criminal court pro- ceedings or enhance the effectiveness of judicial and administrative action in child abuse and neglect cases, particularly child sexual abuse and exploitation cases, including the enhancement of performance of court-ap- pointed attorneys and guardians ad litem for children’’ for ‘‘improve the rate’’ and all that followed through ‘‘abuse cases’’, could not be executed because the phrase ‘‘abuse cases’’ appeared twice. See 2010 Amend- ment note above. Subsec. (e)(1)(C). Pub. L. 102–295, § 116(a)(6)(C), in- serted ‘‘, protocols’’ after ‘‘regulations’’ and ‘‘and ex- ploitation’’ after ‘‘sexual abuse’’. 1989—Subsec. (b)(1). Pub. L. 101–126, § 3(b)(5), made technical amendments to references to section 5106a of this title to reflect renumbering of corresponding sec- tion of original act. Page 6331 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5106f § 5106d. Miscellaneous requirements relating to assistance (a) Construction of facilities (1) Restriction on use of funds Assistance provided under this subchapter and subchapter III may not be used for con- struction of facilities. (2) Lease, rental, or repair The Secretary may authorize the use of funds received under this subchapter and sub- chapter III— (A) where adequate facilities are not oth- erwise available, for the lease or rental of fa- cilities; or (B) for the repair or minor remodeling or alteration of existing facilities. (b) Geographical distribution The Secretary shall establish criteria designed to achieve equitable distribution of assistance under this subchapter and subchapter III among the States, among geographic areas of the Na- tion, and among rural and urban areas of the Nation. To the extent possible, the Secretary shall ensure that the citizens of each State re- ceive assistance from at least one project under this subchapter and subchapter III. (c) Limitation No funds appropriated for any grant or con- tract pursuant to authorizations made in this subchapter and subchapter III may be used for any purpose other than that for which such funds were authorized to be appropriated. (d) Sense of Congress It is the sense of Congress that the Secretary should encourage all States and public and pri- vate entities that receive assistance under this subchapter to— (1) ensure that children and families with limited English proficiency who participate in programs under this subchapter are provided with materials and services through such pro- grams in an appropriate language other than English; and (2) ensure that individuals with disabilities who participate in programs under this sub- chapter are provided with materials and serv- ices through such programs that are appro- priate to their disabilities. (e) Annual report A State that receives funds under section 5106a(a) of this title shall annually prepare and submit to the Secretary a report describing the manner in which funds provided under this sub- chapter and subchapter III, alone or in combina- tion with other Federal funds, were used to ad- dress the purposes and achieve the objectives of section 5106a of this title. (Pub. L. 93–247, title I, § 108, formerly § 11, as added Pub. L. 100–294, title I, § 101, Apr. 25, 1988, 102 Stat. 115; renumbered title I, § 110, Pub. L. 101–126, § 3(a)(1), (2), Oct. 25, 1989, 103 Stat. 764; re- numbered § 108 and amended Pub. L. 104–235, title I, §§ 109, 113(a)(1)(B), Oct. 3, 1996, 110 Stat. 3078, 3079; Pub. L. 108–36, title I, § 116, June 25, 2003, 117 Stat. 812; Pub. L. 111–320, title I, § 117, Dec. 20, 2010, 124 Stat. 3475.) Editorial Notes PRIOR PROVISIONS A prior section 108 of Pub. L. 93–247 was classified to section 5106b of this title prior to repeal by Pub. L. 104–235. AMENDMENTS 2010—Subsec. (d). Pub. L. 111–320 amended subsec. (d) generally. Prior to amendment, text read as follows: ‘‘It is the sense of Congress that the Secretary should encourage all States and public and private agencies or organizations that receive assistance under this sub- chapter to ensure that children and families with lim- ited English proficiency who participate in programs under this subchapter are provided materials and serv- ices under such programs in an appropriate language other than English.’’ 2003—Subsecs. (d), (e). Pub. L. 108–36 added subsecs. (d) and (e). 1996—Subsecs. (c), (d). Pub. L. 104–235 redesignated subsec. (d) as (c) and struck out heading and text of former subsec. (c). Text read as follows: ‘‘The Sec- retary, in consultation with the task force and the board, shall ensure that a majority share of assistance under this subchapter and subchapters III and V of this chapter is available for discretionary research and demonstration grants.’’ § 5106e. Coordination of child abuse and neglect programs The Secretary shall prescribe regulations and make such arrangements as may be necessary or appropriate to ensure that there is effective co- ordination among programs related to child abuse and neglect under this subchapter and subchapter III and other such programs which are assisted by Federal funds. (Pub. L. 93–247, title I, § 109, formerly § 12, as added Pub. L. 100–294, title I, § 101, Apr. 25, 1988, 102 Stat. 116; renumbered title I, § 111, Pub. L. 101–126, § 3(a)(1), (2), Oct. 25, 1989, 103 Stat. 764; re- numbered § 109, Pub. L. 104–235, title I, § 113(a)(1)(B), Oct. 3, 1996, 110 Stat. 3079.) Editorial Notes PRIOR PROVISIONS A prior section 109 of Pub. L. 93–247 was renumbered section 107 and is classified to section 5106c of this title. § 5106f. Reports (a) Coordination efforts Not later than 1 year after December 20, 2010, the Secretary shall submit to the Committee on Education and Labor of the House of Represent- atives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on efforts to coordinate the objectives and activi- ties of agencies and organizations that are re- sponsible for programs and activities related to child abuse and neglect. Not later than 3 years after December 20, 2010, the Secretary shall sub- mit to those committees a second report on such efforts during the 3-year period following De- cember 20, 2010. Not later than 5 years after De- cember 20, 2010, the Secretary shall submit to those committees a third report on such efforts during the 5-year period following December 20, 2010. (b) Effectiveness of State programs and technical assistance Not later than 2 years after December 20, 2010, and every 2 years thereafter, the Secretary shall