34 U.S.C. § 12464 — Grants to support families in the justice

Page 373 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 12464 programs and activities described under this section. (Pub. L. 103–322, title IV, § 41303, as added Pub. L. 109–162, title IV, § 401, Jan. 5, 2006, 119 Stat. 3018; amended Pub. L. 113–4, title IV, § 402(a), Mar. 7, 2013, 127 Stat. 92; Pub. L. 117–103, div. W, title IV, § 402, Mar. 15, 2022, 136 Stat. 869.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in subsec. (c)(2)(E), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XVIII of the Act is classified generally to subchapter XVIII (§ 1395 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. CODIFICATION Section was formerly classified to section 14043d–2 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2022—Subsec. (a). Pub. L. 117–103, § 402(1), substituted ‘‘focusing on men and youth’’ for ‘‘taking a comprehen- sive approach that focuses on youth, children exposed to violence, and men’’. Subsec. (b). Pub. L. 117–103, § 402(2), struck out ‘‘for the following purposes:’’ after ‘‘may be used’’, pars. (1) and (2), and par. (3) designation and heading, sub- stituted ‘‘to develop’’ for ‘‘To develop’’, and inserted ‘‘and youth’’ after ‘‘with men’’ and ‘‘helping men’’. Prior to amendment, pars. (1) and (2) related to teen dating violence awareness and prevention and children exposed to violence and abuse, respectively. Subsec. (d)(3)(C). Pub. L. 117–103, § 402(3), added sub- par. (C). Subsec. (f). Pub. L. 117–103, § 402(4), substituted ‘‘$20,000,000 for each of fiscal years 2023 through 2027’’ for ‘‘$15,000,000 for each of fiscal years 2014 through 2018’’. Subsec. (g). Pub. L. 117–103, § 402(5), struck out subsec. (g) which related to allotment of amounts appropriated under this section. 2013—Pub. L. 113–4 amended section generally. Prior to amendment, section related to grants to assist chil- dren and youth exposed to violence. 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 OF 2013 AMENDMENT Amendment by Pub. L. 113–4 not effective until the beginning of the fiscal year following Mar. 7, 2013, see section 4 of Pub. L. 113–4, set out as a note under sec- tion 2261 of Title 18, Crimes and Criminal Procedure. § 12464. Grants to support families in the justice system (a) In general The Attorney General may make grants to States, units of local government, courts (in- cluding juvenile courts), Indian tribal govern- ments, nonprofit organizations, legal services providers, and victim services providers to im- prove the response of all aspects of the civil and criminal justice system to families with a his- tory of domestic violence, dating violence, sex- ual assault, or stalking, or in cases involving al- legations of child sexual abuse. (b) Use of funds A grant under this section may be used to— (1) provide supervised visitation and safe vis- itation exchange of children and youth by and between parents in situations involving do- mestic violence, dating violence, child sexual abuse, sexual assault, or stalking; (2) develop and promote State, local, and tribal legislation, policies, and best practices for improving civil and criminal court func- tions, responses, practices, and procedures in cases involving a history of domestic violence or sexual assault, or in cases involving allega- tions of child sexual abuse, including cases in which the victim proceeds pro se; (3) educate court-based and court-related personnel and court-appointed personnel (in- cluding custody evaluators and guardians ad litem) and child protective services workers on the dynamics of domestic violence, dating violence, sexual assault, and stalking, includ- ing information on perpetrator behavior, evi- dence-based risk factors for domestic and dat- ing violence homicide, and on issues relating to the needs of victims, including safety, secu- rity, privacy, and confidentiality, including cases in which the victim proceeds pro se; (4) provide appropriate resources in juvenile court matters to respond to dating violence, domestic violence, sexual assault (including child sexual abuse), and stalking and ensure necessary services dealing with the health and mental health of victims are available; (5) enable courts or court-based or court-re- lated programs to develop or enhance— (A) court infrastructure (such as special- ized courts, consolidated courts, dockets, in- take centers, or interpreter services); (B) community-based initiatives within the court system (such as court watch pro- grams, victim assistants, pro se victim as- sistance programs, or community-based sup- plementary services); (C) offender management, monitoring, and accountability programs; (D) safe and confidential information-stor- age and information-sharing databases with- in and between court systems; (E) education and outreach programs to improve community access, including en- hanced access for underserved populations; and (F) other projects likely to improve court responses to domestic violence, dating vio- lence, sexual assault, and stalking; (6) provide civil legal assistance and advo- cacy services, including legal information and resources in cases in which the victim pro- ceeds pro se, to— (A) victims of domestic violence; and (B) nonoffending parents in matters— (i) that involve allegations of child sex- ual abuse; (ii) that relate to family matters, includ- ing civil protection orders, custody, and divorce; and (iii) in which the other parent is rep- resented by counsel; Page 374 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 12464 1 So in original. See References in Text note below. 2 So in original. Probably should be ‘‘section’’. (7) collect data and provide training and technical assistance, including developing State, local, and tribal model codes and poli- cies, to improve the capacity of grantees and communities to address the civil justice needs of victims of domestic violence, dating vio- lence, sexual assault, and stalking who have legal representation, who are proceeding pro se, or who are proceeding with the assistance of a legal advocate; and (8) improve training and education to assist judges, judicial personnel, attorneys, child welfare personnel, and legal advocates in the civil justice system. (c) Considerations (1) In general In making grants for purposes described in paragraphs (1) through (7) of subsection (b), the Attorney General shall consider— (A) the number of families to be served by the proposed programs and services; (B) the extent to which the proposed pro- grams and services serve underserved popu- lations; (C) the extent to which the applicant dem- onstrates cooperation and collaboration with nonprofit, nongovernmental entities in the local community with demonstrated his- tories of effective work on domestic vio- lence, dating violence, sexual assault, or stalking, including State or tribal domestic violence coalitions, State or tribal sexual as- sault coalitions, local shelters, and pro- grams for domestic violence and sexual as- sault victims; and (D) the extent to which the applicant dem- onstrates coordination and collaboration with State, tribal, and local court systems, including mechanisms for communication and referral. (2) Other grants In making grants under subsection (b)(8) the Attorney General shall take into account the extent to which the grantee has expertise ad- dressing the judicial system’s handling of fam- ily violence, child custody, child abuse and ne- glect, adoption, foster care, supervised visita- tion, divorce, and parentage. (d) Applicant requirements The Attorney General may make a grant under this section to an applicant that— (1) demonstrates expertise in the areas of do- mestic violence, dating violence, sexual as- sault, stalking, or child sexual abuse, as ap- propriate; (2) ensures that any fees charged to individ- uals for use of supervised visitation programs and services are based on the income of those individuals, unless otherwise provided by court order; (3) for a court-based program, certifies that victims of domestic violence, dating violence, sexual assault, or stalking are not charged fees or any other costs related to the filing, petitioning, modifying, issuance, registration, enforcement, withdrawal, or dismissal of mat- ters relating to the domestic violence, dating violence, sexual assault, or stalking; (4) demonstrates that adequate security measures, including adequate facilities, proce- dures, and personnel capable of preventing vio- lence, and adequate standards are, or will be, in place (including the development of proto- cols or policies to ensure that confidential in- formation is not shared with courts, law en- forcement agencies, or child welfare agencies unless necessary to ensure the safety of any child or adult using the services of a program funded under this section), if the applicant proposes to operate supervised visitation pro- grams and services or safe visitation ex- change; (5) certifies that the organizational policies of the applicant do not require mediation or counseling involving offenders and victims being physically present in the same place, in cases where domestic violence, dating vio- lence, sexual assault, or stalking is alleged; (6) certifies that any person providing legal assistance through a program funded under this section has completed or will complete training on domestic violence, dating violence, sexual assault, and stalking, including child sexual abuse, and related legal issues; and (7) certifies that any person providing cus- tody evaluation or guardian ad litem services through a program funded under this section has completed or will complete training devel- oped with input from and in collaboration with a tribal, State, territorial, or local do- mestic violence, dating violence, sexual as- sault, or stalking victim service provider or coalition on the dynamics of domestic vio- lence and sexual assault, including child sex- ual abuse, that includes training on how to re- view evidence of past abuse and the use of evi- denced-based theories to make recommenda- tions on custody and visitation. (e) Authorization of appropriations There is authorized to be appropriated to carry out this section, $22,000,000 for each of fis- cal years 2023 through 2027. Amounts appro- priated pursuant to this subsection shall remain available until expended. (f) Allotment for Indian tribes (1) In general Not less than 10 percent of the total amount available under this section for each fiscal year shall be available for grants under the program authorized by section 10452 of this title.1 (2) Applicability of part 2 The requirements of this section shall not apply to funds allocated for the program de- scribed in paragraph (1). (g) Cultural relevance Any services provided pursuant to a grant funded under this section shall be provided in a culturally relevant manner. (Pub. L. 106–386, div. B, title III, § 1301, as added Pub. L. 113–4, title I, § 104(a), Mar. 7, 2013, 127 Stat. 73; amended Pub. L. 117–103, div. W, title I, § 104, Mar. 15, 2022, 136 Stat. 851.) Page 375 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 12471 Editorial Notes REFERENCES IN TEXT Section 10452 of this title, referred to in subsec. (f)(1), was in the original ‘‘section 3796gg–10 of this title’’, and was translated as meaning section 2015 of Pub. L. 90–351, which was classified to section 3796gg–10 of Title 42, The Public Health and Welfare, prior to editorial re- classification as section 10452 of this title. CODIFICATION Section was formerly classified to section 10420 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Section was enacted as part of the Violence Against Women Act of 2000 and also as part of the Victims of Trafficking and Violence Protection Act of 2000, and not as part of the Violent Crime Control and Law En- forcement Act of 1994 which enacted this chapter. PRIOR PROVISIONS A prior section 1301 of Pub. L. 106–386, div. B, title III, Oct. 28, 2000, 114 Stat. 1509; Pub. L. 109–162, § 3(b)(2), title III, § 306, title IX, § 906(d), formerly § 906(e), title XI, § 1135(b), Jan. 5, 2006, 119 Stat. 2971, 3016, 3081, 3109, re- numbered § 906(d), Pub. L. 109–271, § 7(b)(2)(B), Aug. 12, 2006, 120 Stat. 764; Pub. L. 109–271, §§ 2(d), 7(d)(2), 8(b), Aug. 12, 2006, 120 Stat. 752, 766, related to safe havens for children, prior to repeal by Pub. L. 113–4, title I, § 104(a), Mar. 7, 2013, 127 Stat. 73. AMENDMENTS 2022—Subsec. (b)(8). Pub. L. 117–103, § 104(1), sub- stituted ‘‘improve’’ for ‘‘to improve’’. Subsec. (e). Pub. L. 117–103, § 104(2), substituted ‘‘2023 through 2027’’ for ‘‘2014 through 2018’’. Subsec. (g). Pub. L. 117–103, § 104(3), added subsec. (g). 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. DEFINITIONS For definitions of terms used in this section, see sec- tion 1002 of Pub. L. 106–386, as amended, set out as a note under section 10447 of this title. PART L—ADDRESSING THE HOUSING NEEDS OF VICTIMS OF DOMESTIC VIOLENCE, DATING VIO- LENCE, SEXUAL ASSAULT, AND STALKING SUBPART 1—GRANT PROGRAMS § 12471. Findings Congress finds that: (1) There is a strong link between domestic violence and homelessness. Among cities sur- veyed, 44 percent identified domestic violence as a primary cause of homelessness. (2) Ninety-two percent of homeless women have experienced severe physical or sexual abuse at some point in their lives. Of all home- less women and children, 60 percent had been abused by age 12, and 63 percent have been vic- tims of intimate partner violence as adults. (3) Women and families across the country are being discriminated against, denied access to, and even evicted from public and sub- sidized housing because of their status as vic- tims of domestic violence. (4) A recent survey of legal service providers around the country found that these providers have responded to almost 150 documented evic- tion cases in the last year alone where the ten- ant was evicted because of the domestic vio- lence crimes committed against her. In addi- tion, nearly 100 clients were denied housing because of their status as victims of domestic violence. (5) Women who leave their abusers fre- quently lack adequate emergency shelter op- tions. The lack of adequate emergency options for victims presents a serious threat to their safety and the safety of their children. Re- quests for emergency shelter by homeless women with children increased by 78 percent of United States cities surveyed in 2004. In the same year, 32 percent of the requests for shel- ter by homeless families went unmet due to the lack of available emergency shelter beds. (6) The average stay at an emergency shelter is 60 days, while the average length of time it takes a homeless family to secure housing is 6 to 10 months. (7) Victims of domestic violence often return to abusive partners because they cannot find long-term housing. (8) There are not enough Federal housing rent vouchers available to accommodate the number of people in need of long-term hous- ing. Some people remain on the waiting list for Federal housing rent vouchers for years, while some lists are closed. (9) Transitional housing resources and serv- ices provide an essential continuum between emergency shelter provision and independent living. A majority of women in transitional housing programs stated that had these pro- grams not existed, they would have likely gone back to abusive partners. (10) Because abusers frequently manipulate finances in an effort to control their partners, victims often lack steady income, credit his- tory, landlord references, and a current ad- dress, all of which are necessary to obtain long-term permanent housing. (11) Victims of domestic violence in rural areas face additional barriers, challenges, and unique circumstances, such as geographical isolation, poverty, lack of public transpor- tation systems, shortages of health care pro- viders, under-insurance or lack of health in- surance, difficulty ensuring confidentiality in small communities, and decreased access to many resources (such as advanced education, job opportunities, and adequate childcare). (12) Congress and the Secretary of Housing and Urban Development have recognized in re- cent years that families experiencing domestic violence have unique needs that should be ad- dressed by those administering the Federal housing programs. (Pub. L. 103–322, title IV, § 41401, as added Pub. L. 109–162, title VI, § 601, Jan. 5, 2006, 119 Stat. 3030.)