42 U.S.C. § 5107 — Discretionary programs; authorization of

Page 6335 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5107 102 Stat. 117; renumbered title I, § 114, and amended Pub. L. 101–126, § 3(a)(1), (2), (b)(8), Oct. 25, 1989, 103 Stat. 764, 765; Pub. L. 102–295, title I, § 117(a), May 28, 1992, 106 Stat. 197; renumbered § 112 and amended Pub. L. 104–235, title I, §§ 111, 113(a)(1)(B), Oct. 3, 1996, 110 Stat. 3078, 3079; Pub. L. 108–36, title I, § 117, June 25, 2003, 117 Stat. 812; Pub. L. 111–320, title I, § 120, Dec. 20, 2010, 124 Stat. 3477.) Editorial Notes PRIOR PROVISIONS A prior section 112 of Pub. L. 93–247 was renumbered section 110 and is classified to section 5106f of this title. AMENDMENTS 2010—Subsec. (a)(1). Pub. L. 111–320 substituted ‘‘2010’’ for ‘‘2004’’ and ‘‘2011 through 2015’’ for ‘‘2005 through 2008’’. 2003—Subsec. (a)(1). Pub. L. 108–36, § 117(a), amended heading and text of par. (1) generally. Prior to amend- ment, text read as follows: ‘‘There are authorized to be appropriated to carry out this subchapter, $100,000,000 for fiscal year 1997, and such sums as may be necessary for each of the fiscal years 1998 through 2001.’’ Subsec. (a)(2)(B). Pub. L. 108–36, § 117(b), substituted ‘‘Secretary shall make’’ for ‘‘Secretary make’’ and ‘‘section 5105’’ for ‘‘section 5106a’’. 1996—Subsec. (a). Pub. L. 104–235 amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: ‘‘(1) AUTHORIZATION.—There are authorized to be ap- propriated to carry out this subchapter, except for sec- tion 5106a–1 of this title, $100,000,000 for fiscal year 1992, and such sums as may be necessary for each of the fis- cal years 1993 through 1995. ‘‘(2) ALLOCATIONS.— ‘‘(A) Of the amounts appropriated under paragraph (1) for a fiscal year, $5,000,000 shall be available for the purpose of making additional grants to the States to carry out the provisions of section 5106a(g) of this title. ‘‘(B) Of the amounts appropriated under paragraph (1) for a fiscal year and available after compliance with subparagraph (A)— ‘‘(i) 331⁄3 percent shall be available for activities under sections 5104, 5105, and 5106 of this title; and ‘‘(ii) 662⁄3 percent of such amounts shall be made available in each such fiscal year for activities under sections 5106a and 5106b of this title.’’ 1992—Subsec. (a). Pub. L. 102–295 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as fol- lows: ‘‘There are authorized to be appropriated for pur- poses of carrying out this subchapter $48,000,000 for fis- cal year 1988, and such sums as may be necessary for fiscal years 1989, 1990, and 1991. Of the funds appro- priated for any fiscal year under this section, except as provided in the succeeding sentence (1)(A) $11,000,000 shall be available for activities under sections 5104, 5105, and 5106 of this title, and (B), $9,000,000 shall be available in each fiscal year for activities under sec- tions 5106a(a) and 5106b of this title, giving special con- sideration to continued funding of child abuse and ne- glect programs or projects (previously funded by the Department of Health and Human Services) of national or regional scope and demonstrated effectiveness, (2) $5,000,000 shall be available in each such year for grants and contracts under section 5106(a) of this title, for identification, treatment, and prevention of sexual abuse, and (3) $5,000,000 shall be available in each such year for the purpose of making additional grants to the States to carry out the provisions of section 5106a(f) of this title. With respect to any fiscal year in which the total amount appropriated under this section is less than $30,000,000, no less than $20,000,000 of the funds ap- propriated in such fiscal year shall be available as pro- vided in clause (1) in the preceding sentence and of the remainder, one-half shall be available as provided for in clause (2) and one-half as provided for in clause (3) in the preceding sentence.’’ 1989—Pub. L. 101–126, § 3(b)(8), made technical amend- ments to references to this subchapter and to sections 5104, 5105, 5106, 5106a, and 5106b of this title to reflect the insertion of title designations and renumbering of corresponding sections in original act. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102–295, title I, § 117(b), May 28, 1992, 106 Stat. 197, provided that: ‘‘Paragraph (2) of section 114(a) [42 U.S.C. 5106h(a)(2)], as amended by subsection (a), shall become effective on October 1 of the first fiscal year for which $30,000,000 or more would be available under sub- section (a)(2)(B)(ii) of such section 114 (if such sub- section were in effect), and until such fiscal year, the second and third sentences of section 114(a) [see 1992 Amendment note above] (as in effect prior to the amendment made by such subsection (a)) shall con- tinue in effect.’’ § 5106i. Rule of construction (a) In general Nothing in this subchapter and subchapter III shall be construed— (1) as establishing a Federal requirement that a parent or legal guardian provide a child any medical service or treatment against the religious beliefs of the parent or legal guard- ian; and (2) to require that a State find, or to pro- hibit a State from finding, child abuse or ne- glect in cases in which a parent or legal guard- ian relies solely or partially upon spiritual means rather than medical treatment, in ac- cordance with the religious beliefs of the par- ent or legal guardian. (b) State requirement Notwithstanding subsection (a), a State shall, at a minimum, have in place authority under State law to permit the child protective services system of the State to pursue any legal rem- edies, including the authority to initiate legal proceedings in a court of competent jurisdiction, to provide medical care or treatment for a child when such care or treatment is necessary to pre- vent or remedy serious harm to the child, or to prevent the withholding of medically indicated treatment from children with life threatening conditions. Except with respect to the with- holding of medically indicated treatments from disabled infants with life threatening condi- tions, case by case determinations concerning the exercise of the authority of this subsection shall be within the sole discretion of the State. (Pub. L. 93–247, title I, § 113, formerly § 115, as added and renumbered § 113, Pub. L. 104–235, title I, §§ 112, 113(a)(1)(C), Oct. 3, 1996, 110 Stat. 3078, 3079; amended Pub. L. 111–320, title I, § 121, Dec. 20, 2010, 124 Stat. 3478.) Editorial Notes AMENDMENTS 2010—Subsec. (a)(2). Pub. L. 111–320 substituted ‘‘child abuse or neglect’’ for ‘‘abuse or neglect’’. § 5107. Discretionary programs; authorization of appropriations (a)(1) The Secretary of Health and Human Services, either directly, through grants to Page 6336 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5108 States and public and private, nonprofit organi- zations and agencies, or through jointly fi- nanced cooperative arrangements with States, public agencies, and other agencies and organi- zations, is authorized to provide for activities of national significance related to child abuse pre- vention and treatment and adoption reform, in- cluding operation of a national center to collect and disseminate information regarding child abuse and neglect, and operation of a national adoption information exchange system to facili- tate the adoptive placement of children. (2) The Secretary, in carrying out the provi- sions of this subsection, shall provide for the continued operation of the National Center on Child Abuse and Neglect in accordance with sec- tion 5101(a) of this title for each of the fiscal years 1982 and 1983. (3) If the Secretary determines, in fiscal year 1982 or 1983, to carry out any of the activities de- scribed in section 5101(b) of this title, the Sec- retary shall carry out such activities through the National Center on Child Abuse and Neglect. (b) There is authorized to be appropriated to carry out this section $12,000,000 for each of the fiscal years 1982 and 1983. Of the amounts appro- priated under this subsection for any fiscal year, not less than $2,000,000 shall be available to carry out title II of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 [42 U.S.C. 5111 et seq.]. (Pub. L. 97–35, title VI, § 610, Aug. 13, 1981, 95 Stat. 488.) Editorial Notes REFERENCES IN TEXT The Child Abuse Prevention and Treatment and Adoption Reform Act of 1978, referred to in subsec. (b), is Pub. L. 95–266, Apr. 24, 1978, 92 Stat. 205. Title II of the Child Abuse Prevention and Treatment and Adop- tion Reform Act of 1978 is classified generally to sub- chapter II (§ 5111 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title of 1978 Amendment note set out under section 5101 of this title and Tables. CODIFICATION Section was enacted as part of the Omnibus Budget Reconciliation Act of 1981, and not as part of title I of the Child Abuse Prevention and Treatment Act which comprises this subchapter. § 5108. Monitoring and oversight The Secretary shall conduct monitoring to en- sure that each State that receives a grant under section 5106a of this title is in compliance with the requirements of section 5106a(b) of this title, which— (1) shall— (A) be in addition to the review of the State plan upon its submission under section 5106a(b)(1)(A) of this title; and (B) include monitoring of State policies and procedures required under clauses (ii) and (iii) of section 5106a(b)(2)(B) of this title; and (2) may include— (A) a comparison of activities carried out by the State to comply with the require- ments of section 5106a(b) of this title with the State plan most recently approved under section 629b of this title; (B) a review of information available on the website of the State relating to its com- pliance with the requirements of section 5106a(b) of this title; (C) site visits, as may be necessary to carry out such monitoring; and (D) a review of information available in the State’s Annual Progress and Services Report most recently submitted under sec- tion 1357.16 of title 45, Code of Federal Regu- lations (or successor regulations). (Pub. L. 93–247, title I, § 114, as added Pub. L. 114–198, title V, § 503(d)(1), July 22, 2016, 130 Stat. 730.) SUBCHAPTER II—ADOPTION OPPORTUNITIES § 5111. Congressional findings and declaration of purpose (a) Findings Congress finds that— (1) on the last day of fiscal year 2009, some 424,000 children were living in temporary fos- ter family homes or other foster care settings; (2) most children in foster care are victims of child abuse or neglect by their biological parents and their entry into foster care brought them the additional trauma of separa- tion from their homes and often their commu- nities; (3) on average, children entering foster care have more physical and mental health needs than do children in the general population, and some require intensive services because the children entering foster care— (A) were born to mothers who did not re- ceive prenatal care; (B) were born with life-threatening condi- tions or disabilities; (C) were born addicted to alcohol or other drugs; or (D) have HIV/AIDS; (4) each year, thousands of children in foster care, regardless of their age, the size of the sibling group they are a part of, their racial or ethnic status, their medical condition, or any physical, mental or emotional disability they may have, are in need of placement with per- manent, loving, adoptive families; (5)(A) States have made important strides in increasing the number of children who are placed in permanent homes with adoptive par- ents and in reducing the length of time chil- dren wait for such a placement; and (B) many thousands of children, however, still remain in institutions or foster homes solely because of legal and other barriers to such a placement; (6)(A) on the last day of fiscal year 2009, there were 115,000 children waiting for adop- tion; (B) children waiting for adoption have had parental rights of all living parents termi- nated or the children have a permanency goal of adoption; (C)(i) the average age of children adopted with public child welfare agency involvement