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42 U.S.C. § 5106b — Repealed. Pub. L. 104–235, title I, § 108,

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5106b — Repealed. Pub. L. 104–235, title I, § 108,

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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—

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5101 — Office on Child Abuse and Neglect

**(a) Establishment** The Secretary of Health and Human Services may establish an office to be known as the Office on Child Abuse and Neglect. **(b) Purpose** The purpose of the Office established under subsection (a) shall be to execute and coordinate the functions and activities of this subchapter and subchapter III. In the event that such functions and activities are performed by another entity or entities within the Department of Health and Human Services, the Secretary shall ensure that such functions and activities are executed with the necessary expertise and in a fully coordinated manner involving regular intradepartmental and interdepartmental consultation with all agencies involved in child abuse and neglect activities.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5101 — Office on Child Abuse and Neglect

Page 6299 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5101 Section 5091g, Pub. L. 93–113, title VII, § 708, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3176, directed that services and activities be carried out through arrangements or under contracts with certain entities. Section 5091h, Pub. L. 93–113, title VII, § 709, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3176, directed prescribing of standards for evaluating per- formance of projects. Section 5091i, Pub. L. 93–113, title VII, § 710, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3176, related to applications for grants. Section 5091j, Pub. L. 93–113, title VII, § 711, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3177, set forth criteria for selection of projects. Section 5091k, Pub. L. 93–113, title VII, § 712, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3177, authorized management and technical assistance for projects. Section 5091l, Pub. L. 93–113, title VII, § 713, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3178, defined terms for purposes of this subchapter. Section 5091m, Pub. L. 93–113, title VII, § 715, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3179; amended Pub. L. 102–10, § 10, Mar. 12, 1991, 105 Stat. 32, directed issuance of necessary regulations. Section 5091n, Pub. L. 93–113, title VII, § 716, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3179, authorized appropriations to carry out this subchapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Subchapter repealed effective Oct. 1, 1993, see section 392 of Pub. L. 103–82, set out as an Effective Date of 1993 Amendm

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5101

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5106a — Grants to States for child abuse or neglect prevention and treatment programs

**(a) Development and operation grants** The Secretary shall make grants to the States, from allotments made under subsection (f) for each State that applies for a grant under this section, for purposes of assisting the States in improving the child protective services system of each such State in— (1) the intake, assessment, screening, and investigation of reports of child abuse or neglect; (2) (A) creating and improving the use of multidisciplinary teams and interagency, intra-agency, interstate, and intrastate protocols to enhance investigations; and (B) improving legal preparation and representation, including— (i) procedures for appealing and responding to appeals of substantiated reports of child abuse or neglect; and (ii) provisions for the appointment of an individual appointed to represent a child in judicial proceedings; (3) case management, including ongoing case monitoring, and delivery of services and treatment provided to children and their families; (4) enhancing the general child protective system by developing, improving, and implementing risk and safety assessment tools and protocols, including the use of differential response; (5) developing and updating systems of technology that support the program and track reports of child abuse and neglect from intake through final disposition and allow interstate and intrastate information exchange; (6) developing, strengthening, and facilitating training including— (A) training regarding research-based strategies, including the use of differential response, to promote collaboration with the families; (B) training regarding the legal duties of such individuals; (C) personal safety training for case workers; and (D) training in early childhood, child, and adolescent development;

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5106a — Grants to States for child abuse or ne-

Page 6318 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5106a abuse, developmental disabilities, and domestic vio- lence service’’ for ‘‘and developmental disabilities’’ and, in text, substituted ‘‘among’’ for ‘‘between’’, ‘‘mental health, substance abuse, developmental dis- abilities, and domestic violence service agencies, and entities that carry out community-based programs, for’’ for ‘‘mental health, and developmental disabilities agencies, for’’, and ‘‘ensure’’ for ‘‘help assure’’. Subsec. (a)(6). Pub. L. 111–320, § 114(2)(H), added par. (6). Subsec. (b)(4)(A)(ii). Pub. L. 111–320, § 114(3)(A), sub- stituted ‘‘victims of child abuse or neglect’’ for ‘‘ne- glected or abused’’. Subsec. (b)(4)(B)(ii). Pub. L. 111–320, § 114(3)(B), sub- stituted ‘‘child abuse and neglect’’ for ‘‘abuse or ne- glect’’. Subsec. (b)(4)(C)(iii). Pub. L. 111–320, § 114(3)(B), (C), substituted ‘‘has been a victim of child abuse or ne- glect’’ for ‘‘has been neglected or abused’’ and ‘‘possi- bility of child abuse and neglect’’ for ‘‘possibility of abuse or neglect’’. Subsec. (b)(4)(D). Pub. L. 111–320, § 114(3)(D), sub- stituted ‘‘grantee is an’’ for ‘‘grantee is a’’ in introduc- tory provisions. 2003—Pub. L. 108–36, § 113(d), substituted ‘‘Grants to States and public or private agencies and organiza- tions’’ for ‘‘Grants to public agencies and nonprofit pri- vate organizations for demonstration programs and projects’’ as section catchline. Subsec. (a). Pub. L. 108–36, § 113(a)(2), in introductory provisions, inserted ‘‘States,’’ after ‘‘contracts with,’’ and struck out ‘‘nonprofit’’ after ‘‘private’’ and ‘‘time limited, demonstration’’ after ‘‘organizations) for’’. Pub. L. 108–36, § 113(a)(1), substituted ‘‘Grants for’’ for ‘‘Demonstration’’ in heading. Subsec. (a)(1). Pub

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5106a

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5106b — Repealed. Pub. L. 104–235, title I, § 108, Oct. 3, 1996, 110 Stat. 3078

### Statutory Notes 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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5106b

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