42 U.S.C. § 5116h — Definitions

Page 6351 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5116h and neglect, and in the design, operation and evalua- tion of the networks of such community-based and pre- vention-focused programs’’ for ‘‘evaluation of the Statewide network of community-based, prevention-fo- cused, family resource and support programs, and in the design, operation and evaluation of the individual community-based family resource and support pro- grams that are part of the Statewide network funded under this subchapter’’. Par. (5). Pub. L. 108–36, § 127(4), substituted ‘‘and pre- vention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect’’ for ‘‘, prevention-focused, family resource and support programs’’. Par. (6). Pub. L. 108–36, § 127(5), substituted ‘‘commu- nity-based and prevention-focused programs and activi- ties designed to strengthen and support families to pre- vent child abuse and neglect’’ for ‘‘Statewide network of community-based, prevention-focused, family re- source and support programs’’. Par. (8). Pub. L. 108–36, § 127(6), substituted ‘‘commu- nity-based and prevention-focused programs and activi- ties designed to strengthen and support families to pre- vent child abuse and neglect’’ for ‘‘community based, prevention-focused, family resource and support pro- grams’’. § 5116g. National network for community-based family resource programs The Secretary may allocate such sums as may be necessary from the amount provided under the State allotment to support the activities of the lead entity in the State— (1) to create, operate, and maintain a peer review process; (2) to create, operate, and maintain an infor- mation clearinghouse; (3) to fund a yearly symposium on State sys- tem change efforts that result from the oper- ation of the community-based and prevention- focused programs and activities designed to strengthen and support families to prevent child abuse and neglect; (4) to create, operate, and maintain a com- puterized communication system between lead entities; and (5) to fund State-to-State technical assist- ance through bi-annual conferences. (Pub. L. 93–247, title II, § 207, formerly § 208, as added Pub. L. 104–235, title I, § 121, Oct. 3, 1996, 110 Stat. 3086; amended Pub. L. 108–36, title I, § 128, June 25, 2003, 117 Stat. 817; renumbered § 207 and amended Pub. L. 111–320, title I, §§ 138, 141, Dec. 20, 2010, 124 Stat. 3481, 3482.) Editorial Notes PRIOR PROVISIONS A prior section 5116g, Pub. L. 93–247, title II, § 208, for- merly Pub. L. 98–473, title IV, § 409, Oct. 12, 1984, 98 Stat. 2199; renumbered § 208 of Pub. L. 93–247, and amended Pub. L. 101–126, §§ 2(a), 3(a)(3), (c)(3), 4(h), Oct. 25, 1989, 103 Stat. 764, 766, 768, related to reports to Congress, prior to the general amendment of this subchapter by Pub. L. 103–252, § 401(a). A prior section 207 of Pub. L. 93–247 was renumbered section 206 and is classified to section 5116f of this title. Another prior section 207 of Pub. L. 93–247 was classi- fied to section 5116f of this title prior to the general amendment of this subchapter by Pub. L. 103–252, § 401(a). AMENDMENTS 2010—Pars. (1), (2), (4). Pub. L. 111–320, § 138, inserted a comma after ‘‘operate’’. 2003—Par. (3). Pub. L. 108–36 substituted ‘‘community- based and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect’’ for ‘‘Statewide networks of community-based, prevention-focused, family resource and support programs’’. § 5116h. Definitions For purposes of this subchapter: (1) Community referral services The term ‘‘community referral services’’ means services provided under contract or through interagency agreements to assist fam- ilies in obtaining needed information, mutual support and community resources, including respite care services, health and mental health services, employability development and job training, and other social services, including early developmental screening of children, through help lines or other methods. (2) Community-based and prevention-focused programs and activities to prevent child abuse and neglect The term ‘‘community-based and preven- tion-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect’’ includes organiza- tions such as family resource programs, fam- ily support programs, voluntary home visiting programs, respite care programs, parenting education, mutual support programs, and other community programs or networks of such programs that provide activities that are designed to prevent or respond to child abuse and neglect. (3) Respite care services The term ‘‘respite care services’’ means short term care services, including the serv- ices of crisis nurseries, provided in the tem- porary absence of the regular caregiver (par- ent, other relative, foster parent, adoptive parent, or guardian) to children who— (A) are in danger of child abuse or neglect; (B) have experienced child abuse or ne- glect; or (C) have disabilities or chronic or terminal illnesses. Such services shall be provided within or out- side the home of the child, be short-term care (ranging from a few hours to a few weeks of time, per year), and be intended to enable the family to stay together and to keep the child living in the home and community of the child. (Pub. L. 93–247, title II, § 208, formerly § 209, as added Pub. L. 104–235, title I, § 121, Oct. 3, 1996, 110 Stat. 3087; amended Pub. L. 108–36, title I, § 129, June 25, 2003, 117 Stat. 817; renumbered § 208 and amended Pub. L. 111–320, title I, §§ 139, 141, Dec. 20, 2010, 124 Stat. 3481, 3482.) Editorial Notes PRIOR PROVISIONS A prior section 208 of Pub. L. 93–247 was renumbered section 207 and is classified to section 5116g of this title. Another prior section 208 of Pub. L. 93–247 was classi- fied to section 5116g of this title prior to the general Page 6352 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5116i amendment of this subchapter by Pub. L. 103–252, § 401(a). AMENDMENTS 2010—Par. (1). Pub. L. 111–320, § 139(1), (2), redesignated par. (2) as (1) and struck out former par. (1). Prior to amendment, text of par. (1) read as follows: ‘‘The term ‘children with disabilities’ has the same meaning given the term ‘child with a disability’ in section 1401(3) or ‘infant or toddler with a disability’ in section 1432(5) of title 20.’’ Par. (2). Pub. L. 111–320, § 139(2), redesignated par. (3) as (2). Former par. (2) redesignated (1). Par. (3). Pub. L. 111–320, § 139(2), (3)(A), redesignated par. (5) as (3) and inserted ‘‘, including the services of crisis nurseries,’’ after ‘‘short term care services’’ in in- troductory provisions. Former par. (3) redesignated (2). Par. (3)(A), (B). Pub. L. 111–320, § 139(3)(B), substituted ‘‘child abuse or neglect’’ for ‘‘abuse or neglect’’. Par. (3)(C). Pub. L. 111–320, § 139(3)(C), substituted ‘‘have disabilities or chronic or terminal illnesses.’’ for ‘‘have disabilities, chronic, or terminal illnesses.’’ Par. (5). Pub. L. 111–320, § 139(2), redesignated par. (5) as (3). 2003—Par. (1). Pub. L. 108–36, § 129(a), substituted ‘‘given the term ‘child with a disability’ in section 1401(3) or ‘infant or toddler with a disability’ in section 1432(5) of title 20’’ for ‘‘given such term in section 1401(a)(2) of title 20’’. Pars. (3), (4). Pub. L. 108–36, § 129(b), added par. (3) and struck out former pars. (3) and (4), which related, re- spectively, to family resource and support programs and outreach services. Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of terms used in this section, see sec- tion 3 of Pub. L. 93–247, set out as a note under section 5101 of this title. § 5116i. Authorization of appropriations There are authorized to be appropriated to carry out this subchapter $80,000,000 for fiscal year 2010 and such sums as may be necessary for each of the fiscal years 2011 through 2015. (Pub. L. 93–247, title II, § 209, formerly § 210, as added Pub. L. 104–235, title I, § 121, Oct. 3, 1996, 110 Stat. 3088; amended Pub. L. 108–36, title I, § 130, June 25, 2003, 117 Stat. 818; renumbered § 209 and amended Pub. L. 111–320, title I, §§ 140, 141, Dec. 20, 2010, 124 Stat. 3482.) Editorial Notes PRIOR PROVISIONS A prior section 209 of Pub. L. 93–247 was renumbered section 208 and is classified to section 5116h of this title. AMENDMENTS 2010—Pub. L. 111–320, § 140, substituted ‘‘2010’’ for ‘‘2004’’ and ‘‘2011 through 2015’’ for ‘‘2005 through 2008’’. 2003—Pub. L. 108–36 amended section catchline and text generally. Prior to amendment, text read as fol- lows: ‘‘There are authorized to be appropriated to carry out this subchapter, $66,000,000 for fiscal year 1997 and such sums as may be necessary for each of the fiscal years 1998 through 2001.’’ SUBCHAPTER IV—TEMPORARY CHILD CARE FOR CHILDREN WITH DISABILITIES AND CRISIS NURSERIES §§ 5117 to 5117d. Repealed. Pub. L. 104–235, title I, § 142(a), Oct. 3, 1996, 110 Stat. 3089 Section 5117, Pub. L. 99–401, title II, § 202, Aug. 27, 1986, 100 Stat. 907, related to congressional findings for this subchapter. Section 5117a, Pub. L. 99–401, title II, § 203, Aug. 27, 1986, 100 Stat. 907; Pub. L. 101–127, § 2(1), Oct. 25, 1989, 103 Stat. 770, related to temporary child care for children with disabilities and chronically ill children. Section 5117b, Pub. L. 99–401, title II, § 204, Aug. 27, 1986, 100 Stat. 907, related to crisis nurseries for chil- dren who are abused and neglected, at high risk of abuse and neglect, or who are in families receiving child protective services. Section 5117c, Pub. L. 99–401, title II, § 205, Aug. 27, 1986, 100 Stat. 908; Pub. L. 101–127, §§ 2(2), 3, 4, Oct. 25, 1989, 103 Stat. 770, 771; Pub. L. 101–476, title IX, § 901(a)(3), (g), Oct. 30, 1990, 104 Stat. 1142, 1151; Pub. L. 102–295, title II, § 202, May 28, 1992, 106 Stat. 200, related to administrative provisions. Section 5117d, Pub. L. 99–401, title II, § 206, Aug. 27, 1986, 100 Stat. 909; Pub. L. 100–403, § 1, Aug. 19, 1988, 102 Stat. 1013; Pub. L. 101–127, § 5, Oct. 25, 1989, 103 Stat. 771; Pub. L. 102–295, title II, § 203, May 28, 1992, 106 Stat. 200, related to authorization of appropriations for carrying out this subchapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 99–401, title II, § 207, Aug. 27, 1986, 100 Stat. 909, which provided that title II of Pub. L. 99–401 was ef- fective Oct. 1, 1986, was repealed by Pub. L. 104–235, title I, § 142(a), Oct. 3, 1996, 110 Stat. 3089. SHORT TITLE Pub. L. 99–401, title II, § 201, Aug. 27, 1986, 100 Stat. 907, as amended by Pub. L. 101–127, § 6, Oct. 25, 1989, 103 Stat. 772, which provided that title II of Pub. L. 99–401 be cited as the ‘‘Temporary Child Care for Children With Disabilities and Crisis Nurseries Act of 1986’’, was repealed by Pub. L. 104–235, title I, § 142(a), Oct. 3, 1996, 110 Stat. 3089. SUBCHAPTER IV–A—ABANDONED INFANTS ASSISTANCE Editorial Notes CODIFICATION This subchapter was comprised generally of Pub. L. 100–505, Oct. 18, 1988, 102 Stat. 2533, and was formerly set out as a note under section 670 of this title prior to its transfer to this subchapter and subsequent repeal by Pub. L. 115–271. §§ 5117aa to 5117aa–22. Repealed. Pub. L. 115–271, title VII, § 7065(b), Oct. 24, 2018, 132 Stat. 4028 Section 5117aa, Pub. L. 100–505, § 2, Oct. 18, 1988, 102 Stat. 2533; Pub. L. 102–236, § 2, Dec. 12, 1991, 105 Stat. 1812; Pub. L. 108–36, title III, § 301, June 25, 2003, 117 Stat. 822; Pub. L. 111–320, title IV, § 401(a), Dec. 20, 2010, 124 Stat. 3513, related to congressional findings. Sections 5117aa–11 and 5117aa–12 comprised part A of this subchapter ‘‘Projects Regarding Abandonment of Infants and Young Children in Hospitals’’. Section 5117aa–11, Pub. L. 100–505, title I, § 101, Oct. 18, 1988, 102 Stat. 2534; Pub. L. 102–236, § 3, Dec. 12, 1991, 105 Stat. 1812; Pub. L. 104–235, title II, § 221, Oct. 3, 1996, 110 Stat. 3091; Pub. L. 108–36, title III, § 302, June 25, 2003, 117 Stat. 823, related to establishment of local projects.