42 U.S.C. § 5105 — Research and assistance activities

Page 6306 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5105 Subsec. (b)(3). Pub. L. 104–235, § 104(2)(D), struck out par. (3) which read as follows: ‘‘directly or through con- tract, identify effective programs carried out by the States pursuant to subchapter III of this chapter and provide technical assistance to the States in the imple- mentation of such programs.’’ Subsec. (c)(1). Pub. L. 104–235, § 104(3)(A), designated existing provisions as par. (1), inserted heading, and substituted ‘‘Secretary’’ for ‘‘Director’’ in introductory provisions. Former par. (1) redesignated (1)(A). Subsec. (c)(1)(A). Pub. L. 104–235, § 104(3)(B), redesig- nated par. (1) as (1)(A) and realigned margin. Subsec. (c)(1)(B). Pub. L. 104–235, § 104(3)(B), (C), redes- ignated par. (2) as (1)(B), realigned margin, and sub- stituted ‘‘involved with child abuse and neglect and mechanisms for the sharing of such information among other Federal agencies and clearinghouses’’ for ‘‘that is represented on the task force’’. Subsec. (c)(1)(C). Pub. L. 104–235, § 104(3)(B), (C), redes- ignated par. (3) as (1)(C), realigned margin, and sub- stituted ‘‘Federal, State, regional, and local child wel- fare data systems which shall include— ‘‘(i) standardized data on false, unfounded, unsub- stantiated, and substantiated reports; and ‘‘(ii) information on the number of deaths due to child abuse and neglect;’’ for ‘‘State, regional, and local data systems; and’’. Subsec. (c)(1)(D). Pub. L. 104–235, § 104(3)(F), added subpar. (D). Former subpar. (D) redesignated (F). Pub. L. 104–235, § 104(3)(B), redesignated par. (4) as (1)(D) and realigned margin. Subsec. (c)(1)(E). Pub. L. 104–235, § 104(3)(F), added subpar. (E). Subsec. (c)(1)(F). Pub. L. 104–235, § 104(3)(E), redesig- nated subpar. (D) as (F). Subsec. (c)(2). Pub. L. 104–235, § 104(3)(G), added par. (2). Former par. (2) redesignated (1)(B). Subsec. (c)(3), (4). Pub. L. 104–235, § 104(3)(B), redesig- nated pars. (3) and (4) as (1)(C) and (1)(D), respectively. 1989—Subsec. (b)(1). Pub. L. 101–126, § 3(b)(2)(A), made technical amendment to reference to section 5105(b) of this title to reflect renumbering of corresponding sec- tion of original act. Subsec. (b)(2)(B). Pub. L. 101–126, § 3(b)(2)(B), inserted ‘‘of the Child Abuse Prevention, Adoption, and Family Services Act of 1988’’ after ‘‘section 105(a)(1)’’. Subsec. (b)(3). Pub. L. 101–126, § 6, added par. (3). 1988—Pub. L. 100–294 amended section generally, sub- stituting provisions relating to national clearinghouse for information relating to child abuse for provisions relating to authorization of appropriations and funding requirements for child abuse and neglect and sexual abuse programs and projects. See section 5106h of this title. 1984—Pub. L. 98–457, § 104(a), struck out designation ‘‘(a)’’ before ‘‘There are hereby authorized’’, inserted provisions authorizing appropriations of $33,500,000 for fiscal year 1984, $40,000,000 for fiscal year 1985, $41,500,000 for fiscal year 1986, and $43,100,000 for fiscal year 1987, and substituted ‘‘this section except as provided in the succeeding sentence, (A) not less than $9,000,000 shall be available in each fiscal year to carry out section 5103(b) of this title (relating to State grants), (B) not less than $11,000,000 shall be available in each fiscal year to carry out sections 5103(a) (relating to demonstration or serv- ice projects), 5101(b)(1) and 5101(b)(3) (relating to infor- mation dissemination), 5101(b)(5) (relating to research), and 5103(c)(2) (relating to training, technical assist- ance, and information dissemination) of this title, giv- ing special consideration to continued funding of child abuse and neglect programs or projects (previously funded by the Department of Health and Human Serv- ices) of national or regional scope and demonstated [sic] effectiveness, (C) $5,000,000 shall be available in each such year for grants and contracts under section 5103(a) of this title for identification, treatment, and prevention of sexual abuse, and (D) $5,000,000 shall be available in each such year for the purpose of making additional grants to the States to carry out the provi- sions of section 5103(c)(1) of this title. With respect to any fiscal year in which the total amount appropriated under this section is less than $30,000,000, funds shall first be available as provided in clauses (A) and (B) in the preceding sentence and of the remainder one-half shall be available as provided for in clause (C) and one- half as provided for in clause (D) in the preceding sen- tence’’ for ‘‘this section, not less than 50 per centum shall be used for making grants or contracts under sec- tions 5101(b)(5) of this title (relating to research) and 5103(a) of this title (relating to demonstration or serv- ice projects), giving special consideration to continued Federal funding of child abuse and neglect programs or projects (previously funded by the Department of Health, Education, and Welfare) of national or regional scope and demonstrated effectiveness, of not less than 25 per centum shall be used for making grants or con- tracts under section 5103(b)(1) of this title (relating to grants to States) for the fiscal years ending September 30, 1978, and September 30, 1979, respectively, and not less than 30 per centum shall be used for making grants or contracts under section 5103(b)(1) of this title (relat- ing to grants to States) for each of the fiscal years end- ing September 30, 1980, and September 30, 1981, respec- tively’’. Pub. L. 98–457, § 104(b), struck out subsec. (b) which authorized appropriations for fiscal years ending Sept. 30, 1978, Sept. 30, 1979, Sept. 30, 1980, and Sept. 30, 1981, respectively, for purpose of making grants and entering into contracts for programs and projects designed to prevent, identify, and treat sexual abuse of children. 1978—Pub. L. 95–266 designated existing provisions as subsec. (a), inserted provisions authorizing appropria- tions for fiscal year ending Sept. 30, 1978, through fiscal year ending Sept. 30, 1981, and provisions setting forth funding requirements for child abuse and neglect pro- grams and projects, and added subsec. (b). § 5105. Research and assistance activities (a) Research (1) Topics The Secretary shall, in consultation with other Federal agencies and recognized experts in the field, carry out a continuing inter- disciplinary program of research, including longitudinal research, that is designed to pro- vide information needed to better protect chil- dren from child abuse or neglect and to im- prove the well-being of victims of child abuse or neglect, with at least a portion of such re- search being field initiated. Such research pro- gram may focus on— (A) the nature and scope of child abuse and neglect; (B) causes, prevention, assessment, identi- fication, treatment, cultural and socio-eco- nomic distinctions, and the consequences of child abuse and neglect, including the effects of child abuse and neglect on a child’s devel- opment and the identification of successful early intervention services or other services that are needed; (C) effective approaches to improving the relationship and attachment of infants and toddlers who experience child abuse or ne- glect with their parents or primary care- givers in circumstances where reunification is appropriate; (D) appropriate, effective and culturally sensitive investigative, administrative, and judicial systems, including multidisci- plinary, coordinated decisionmaking proce- dures with respect to cases of child abuse and neglect; (E) the evaluation and dissemination of best practices, including best practices to Page 6307 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5105 1 So in original. Probably should refer to clauses (i) through (xi). meet the needs of special populations, con- sistent with the goals of achieving improve- ments in the child protective services sys- tems of the States in accordance with para- graphs (1) through (14) of section 5106a(a) of this title; (F) effective approaches to interagency collaboration between the child protection system and the juvenile justice system that improve the delivery of services and treat- ment, including methods for continuity of treatment plan and services as children transition between systems; (G) effective practices and programs to im- prove activities such as identification, screening, medical diagnosis, forensic diag- nosis, health evaluations, and services, in- cluding activities that promote collabora- tion between— (i) the child protective service system; and (ii)(I) the medical community, including providers of mental health and develop- mental disability services; and (II) providers of early childhood inter- vention services and special education for children who have been victims of child abuse or neglect; (H) an evaluation of the redundancies and gaps in the services in the field of child abuse and neglect prevention in order to make better use of resources; (I) effective collaborations, between the child protective system and domestic vio- lence service providers, that provide for the safety of children exposed to domestic vio- lence and their nonabusing parents and that improve the investigations, interventions, delivery of services, and treatments provided for such children and families; (J) the nature, scope, and practice of vol- untary relinquishment for foster care or State guardianship of low-income children who need health services, including mental health services; (K) the impact of child abuse and neglect on the incidence and progression of disabil- ities; (L) the nature and scope of effective prac- tices relating to differential response, in- cluding an analysis of best practices con- ducted by the States; (M) child abuse and neglect issues facing Indians, Alaska Natives, and Native Hawai- ians, including providing recommendations for improving the collection of child abuse and neglect data from Indian tribes and Na- tive Hawaiian communities; (N) the information on the national inci- dence of child abuse and neglect specified in clauses (i) through (x) 1 of subparagraph (O); and (O) the national incidence of child abuse and neglect, including— (i) the extent to which incidents of child abuse and neglect are increasing or de- creasing in number and severity; (ii) the incidence of substantiated and unsubstantiated reported child abuse and neglect cases; (iii) the number of substantiated cases that result in a judicial finding of child abuse or neglect or related criminal court convictions; (iv) the extent to which the number of unsubstantiated, unfounded and false re- ported cases of child abuse or neglect have contributed to the inability of a State to respond effectively to serious cases of child abuse or neglect; (v) the extent to which the lack of ade- quate resources and the lack of adequate training of individuals required by law to report suspected cases of child abuse and neglect have contributed to the inability of a State to respond effectively to serious cases of child abuse and neglect; (vi) the number of unsubstantiated, false, or unfounded reports that have re- sulted in a child being placed in substitute care, and the duration of such placement; (vii) the extent to which unsubstantiated reports return as more serious cases of child abuse or neglect; (viii) the incidence and prevalence of physical, sexual, and emotional abuse and physical and emotional neglect in sub- stitute care; (ix) the incidence and prevalence of child maltreatment by a wide array of demo- graphic characteristics such as age, sex, race, family structure, household relation- ship (including the living arrangement of the resident parent and family size), school enrollment and education attain- ment, disability, grandparents as care- givers, labor force status, work status in previous year, and income in previous year; (x) the extent to which reports of sus- pected or known instances of child abuse or neglect involving a potential combina- tion of jurisdictions, such as intrastate, interstate, Federal-State, and State-Trib- al, are being screened out solely on the basis of the cross-jurisdictional complica- tions; and (xi) the incidence and outcomes of child abuse and neglect allegations reported within the context of divorce, custody, or other family court proceedings, and the interaction between this venue and the child protective services system. (2) Research The Secretary shall conduct research on the national incidence of child abuse and neglect, including the information on the national in- cidence on child abuse and neglect specified in clauses (i) through (xi) of paragraph (1)(O). (3) Report Not later than 4 years after December 20, 2010, the Secretary shall prepare and submit to the Committee on Education and the Work- force of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate a report that contains the results of the research conducted under paragraph (2). Page 6308 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5105 2 So in original. There are two pars. designated ‘‘(4)’’. 3 So in original. Probably should be ‘‘year’’. (4) 2 Priorities (A) In general The Secretary shall establish research pri- orities for making grants or contracts for purposes of carrying out paragraph (1). (B) Public comment Not later than 1 years 3 after December 20, 2010, and every 2 years thereafter, the Sec- retary shall provide an opportunity for pub- lic comment concerning the priorities pro- posed under subparagraph (A) and maintain an official record of such public comment. (4) 2 Study on shaken baby syndrome The Secretary shall conduct a study that— (A) identifies data collected on shaken baby syndrome; (B) determines the feasibility of collecting uniform, accurate data from all States re- garding— (i) incidence rates of shaken baby syn- drome; (ii) characteristics of perpetrators of shaken baby syndrome, including age, gen- der, relation to victim, access to preven- tion materials and resources, and history of substance abuse, domestic violence, and mental illness; and (iii) characteristics of victims of shaken baby syndrome, including gender, date of birth, date of injury, date of death (if ap- plicable), and short- and long-term injuries sustained. (b) Provision of technical assistance (1) In general The Secretary shall provide technical assist- ance to State and local public and private agencies and community-based organizations, including disability organizations and persons who work with children with disabilities and providers of mental health, substance abuse treatment, and domestic violence prevention services, to assist such agencies and organiza- tions in planning, improving, developing, and carrying out programs and activities, includ- ing replicating successful program models, re- lating to the prevention, assessment, identi- fication, and treatment of child abuse and ne- glect. (2) Evaluation Such technical assistance may include an evaluation or identification of— (A) various methods and procedures for the investigation, assessment, and prosecution of child physical and sexual abuse cases; (B) ways to mitigate psychological trauma to the child victim; (C) effective programs carried out by the States under this subchapter and subchapter III; and (D) effective approaches being utilized to link child protective service agencies with health care, mental health care, and devel- opmental services to improve forensic diag- nosis and health evaluations, and barriers and shortages to such linkages. (3) Dissemination The Secretary may provide for and dissemi- nate information relating to various training resources available at the State and local level to— (A) individuals who are engaged, or who intend to engage, in the prevention, identi- fication, and treatment of child abuse and neglect; and (B) appropriate State and local officials to assist in training law enforcement, legal, ju- dicial, medical, mental health, education, child welfare, substance abuse, and domestic violence services personnel in appropriate methods of interacting during investigative, administrative, and judicial proceedings with children who have been subjected to, or whom the personnel suspect have been sub- jected to, child abuse or neglect. (c) Authority to make grants or enter into con- tracts (1) In general The functions of the Secretary under this section may be carried out either directly or through grant or contract. (2) Duration Grants under this section shall be made for periods of not more than 5 years. (3) Preference for long-term studies In making grants for purposes of conducting research under subsection (a), the Secretary shall give special consideration to applications for long-term projects. (d) Peer review for grants (1) Establishment of peer review process (A) In general To enhance the quality and usefulness of research in the field of child abuse and ne- glect, the Secretary shall, in consultation with experts in the field and other Federal agencies, establish a formal, rigorous, and meritorious peer review process for purposes of evaluating and reviewing applications for assistance through a grant or contract under this section and determining the relative merits of the project for which such assist- ance is requested. (B) Members In establishing the process required by subparagraph (A), the Secretary shall only appoint to the peer review panels members who— (i) are experts in the field of child abuse and neglect or related disciplines, with ap- propriate expertise related to the applica- tions to be reviewed; and (ii) are not individuals who are officers or employees of the Administration for Children and Families. (C) Meetings The peer review panels shall meet as often as is necessary to facilitate the expeditious review of applications for grants and con- tracts under this section, but shall meet not less often than once a year. (D) Criteria and guidelines The Secretary shall ensure that the peer review panel utilizes scientifically valid re- Page 6309 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5105 view criteria and scoring guidelines in the review of the applications for grants and contracts. (2) Review of applications for assistance Each peer review panel established under paragraph (1)(A) that reviews any application for a grant shall— (A) determine and evaluate the merit of each project described in such application; (B) rank such application with respect to all other applications it reviews in the same priority area for the fiscal year involved, ac- cording to the relative merit of all of the projects that are described in such applica- tion and for which financial assistance is re- quested; and (C) make recommendations to the Sec- retary concerning whether the application for the project shall be approved. The Secretary shall award grants under this section on the basis of competitive review. (3) Notice of approval (A) Meritorious projects The Secretary shall provide grants and contracts under this section from among the projects which the peer review panels estab- lished under paragraph (1)(A) have deter- mined to have merit. (B) Explanation In the instance in which the Secretary ap- proves an application for a program without having approved all applications ranked above such application (as determined under paragraph (2)(B)), the Secretary shall append to the approved application a detailed expla- nation of the reasons relied on for approving the application and for failing to approve each pending application that is superior in merit, as indicated on the list under para- graph (2)(B). (e) Demonstration programs and projects The Secretary may award grants to, and enter into contracts with, entities that are States, In- dian tribes or tribal organizations, or public or private agencies or organizations (or combina- tions of such entities) for time-limited, dem- onstration projects for the following: (1) Promotion of safe, family-friendly physical environments for visitation and exchange The Secretary may award grants under this subsection to entities to assist such entities in establishing and operating safe, family-friend- ly physical environments— (A) for court-ordered, supervised visitation between children and abusing parents; and (B) to facilitate the safe exchange of chil- dren for visits with noncustodial parents in cases of domestic violence. (2) Education identification, prevention, and treatment The Secretary may award grants under this subsection to entities for projects that provide educational identification, prevention, and treatment services in cooperation with child care and early childhood education and care providers, preschools, and elementary and sec- ondary schools. (3) Risk and safety assessment tools The Secretary may award grants under this subsection to entities for projects that provide for the development of research-based strate- gies for risk and safety assessments relating to child abuse and neglect. (4) Training The Secretary may award grants under this subsection to entities for projects that involve research-based strategies for innovative train- ing for mandated child abuse and neglect re- porters. (Pub. L. 93–247, title I, § 104, formerly § 6, Jan. 31, 1974, 88 Stat. 7; Pub. L. 95–266, title I, § 105, Apr. 24, 1978, 92 Stat. 207; Pub. L. 98–457, title I, § 105, Oct. 9, 1984, 98 Stat. 1751; Pub. L. 99–401, title I, § 104, Aug. 27, 1986, 100 Stat. 906; Pub. L. 100–294, title I, § 101, Apr. 25, 1988, 102 Stat. 106; renum- bered title I, § 105, and amended Pub. L. 101–126, § 3(a)(1), (2), (b)(3), Oct. 25, 1989, 103 Stat. 764, 765; Pub. L. 102–295, title I, §§ 112, 141(5), May 28, 1992, 106 Stat. 190, 200; renumbered § 104 and amended Pub. L. 104–235, title I, §§ 105, 113(a)(1)(A), Oct. 3, 1996, 110 Stat. 3067, 3079; Pub. L. 108–36, title I, § 112, June 25, 2003, 117 Stat. 803; Pub. L. 111–320, title I, § 113, Dec. 20, 2010, 124 Stat. 3462.) Editorial Notes PRIOR PROVISIONS A prior section 104 of Pub. L. 93–247 was renumbered section 103 and is classified to section 5104 of this title. AMENDMENTS 2010—Subsec. (a)(1). Pub. L. 111–320, § 113(a)(1)(A), sub- stituted ‘‘from child abuse or neglect and to improve the well-being of victims of child abuse or neglect’’ for ‘‘from abuse or neglect and to improve the well-being of abused or neglected children’’ in introductory provi- sions. Subsec. (a)(1)(B). Pub. L. 111–320, § 113(a)(1)(B), sub- stituted ‘‘child abuse and neglect on’’ for ‘‘abuse and neglect on’’. Subsec. (a)(1)(C) to (N). Pub. L. 111–320, § 113(a)(1)(C)–(K), added subpars. (C), (G), (I), and (K) to (M), redesignated subpars. (C), (D), (E), (F), (G), and (H) as (D), (E), (F), (H), (J), and (N), respectively, in subpar. (D), inserted ‘‘and neglect’’ before semicolon at end, in subpar. (E), inserted ‘‘, including best practices to meet the needs of special populations,’’ after ‘‘best prac- tices’’ and substituted ‘‘(14)’’ for ‘‘(12)’’, in subpar. (J), substituted ‘‘low-income’’ for ‘‘low income’’, and, in subpar. (N), substituted ‘‘clauses (i) through (x) of sub- paragraph (O)’’ for ‘‘clauses (i) through (xi) of subpara- graph (H)’’. Former subpar. (I) redesignated (O). Subsec. (a)(1)(O). Pub. L. 111–320, § 113(a)(1)(C), (L), re- designated subpar. (I) as (O), in cls. (i) and (ii), inserted ‘‘and neglect’’ after ‘‘abuse’’, in cl. (v), substituted ‘‘child abuse and neglect have’’ for ‘‘child abuse have’’, added cl. (x) and redesignated former cl. (x) as (xi), and, in cl. (xi), substituted ‘‘child abuse and neglect’’ for ‘‘abuse’’. Subsec. (a)(2). Pub. L. 111–320, § 113(a)(2), substituted ‘‘clauses (i) through (xi) of paragraph (1)(O).’’ for ‘‘sub- paragraphs (i) through (ix) of paragraph (1)(I).’’ Subsec. (a)(3). Pub. L. 111–320, § 113(a)(3), substituted ‘‘December 20, 2010’’ for ‘‘June 25, 2003’’. Subsec. (a)(4). Pub. L. 111–320, § 113(a)(5), added par. (4) relating to study on shaken baby syndrome. Pub. L. 111–320, § 113(a)(4), in par. (4) relating to prior- ities, inserted subpar. headings and, in subpar. (B), sub- stituted ‘‘Not later than 1 years after December 20, 2010’’ for ‘‘Not later than 2 years after June 25, 2003’’. Subsec. (b)(1). Pub. L. 111–320, § 113(b)(1), inserted ‘‘and providers of mental health, substance abuse treat- Page 6310 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5105 ment, and domestic violence prevention services’’ after ‘‘disabilities’’. Subsec. (b)(3)(B). Pub. L. 111–320, § 113(b)(2), sub- stituted ‘‘child welfare, substance abuse, and domestic violence services personnel’’ for ‘‘and child welfare per- sonnel’’ and ‘‘subjected to, or whom the personnel sus- pect have been subjected to, child abuse or neglect.’’ for ‘‘subjected to abuse.’’ Subsec. (d)(1)(A). Pub. L. 111–320, § 113(c)(1)(A), added subpar. (A) and struck out former subpar. (A) which read as follows: ‘‘The Secretary shall, in consultation with experts in the field and other federal agencies, es- tablish a formal, rigorous, and meritorious peer review process for purposes of evaluating and reviewing appli- cations for grants under this section and determining the relative merits of the projects for which such as- sistance is requested. The purpose of this process is to enhance the quality and usefulness of research in the field of child abuse and neglect.’’ Subsec. (d)(1)(B) to (D). Pub. L. 111–320, § 113(c)(1)(B), added subpars. (B) to (D) and struck out former subpar. (B) which read as follows: ‘‘In establishing the process required by subparagraph (A), the Secretary shall ap- point to the peer review panels only members who are experts in the field of child abuse and neglect or related disciplines, with appropriate expertise in the applica- tion to be reviewed, and who are not individuals who are officers or employees of the Administration on Children and Families. The panels shall meet as often as is necessary to facilitate the expeditious review of applications for grants and contracts under this sec- tion, but may not meet less than once a year. The Sec- retary shall ensure that the peer review panel utilizes scientifically valid review criteria and scoring guide- lines for review committees.’’ Subsec. (d)(3). Pub. L. 111–320, § 113(c)(2), inserted sub- par. headings. Subsec. (e). Pub. L. 111–320, § 113(d)(1), substituted ‘‘entities that are States, Indian tribes or tribal organi- zations, or’’ for ‘‘States or’’ and ‘‘such entities’’ for ‘‘such agencies or organizations’’ in introductory provi- sions. Subsec. (e)(1)(B). Pub. L. 111–320, § 113(d)(2), sub- stituted ‘‘facilitate the safe’’ for ‘‘safely facilitate the’’. Subsec. (e)(2). Pub. L. 111–320, § 113(d)(3), inserted ‘‘child care and early childhood education and care pro- viders,’’ after ‘‘in cooperation with’’ and substituted ‘‘preschools,’’ for ‘‘preschool’’. 2003—Subsec. (a)(1). Pub. L. 108–36, § 112(a)(1)(A), in- serted ‘‘, including longitudinal research,’’ after ‘‘interdisciplinary program of research’’ in introduc- tory provisions. Subsec. (a)(1)(B). Pub. L. 108–36, § 112(a)(1)(B), inserted before semicolon ‘‘, including the effects of abuse and neglect on a child’s development and the identification of successful early intervention services or other serv- ices that are needed’’. Subsec. (a)(1)(C). Pub. L. 108–36, § 112(a)(1)(C), sub- stituted ‘‘judicial systems, including multidisciplinary, coordinated decisionmaking procedures’’ for ‘‘judicial procedures’’ and struck out ‘‘and’’ at end. Subsec. (a)(1)(D). Pub. L. 108–36, § 112(a)(1)(F), added subpar. (D). Former subpar. (D) redesignated (I). Subsec. (a)(1)(D)(ix), (x). Pub. L. 108–36, § 112(a)(1)(D), added cl. (ix) and redesignated former cl. (ix) as (x). Subsec. (a)(1)(E) to (H). Pub. L. 108–36, § 112(a)(1)(F), added subpars. (E) to (H). Subsec. (a)(1)(I). Pub. L. 108–36, § 112(a)(1)(E), redesig- nated subpar. (D) as (I). Subsec. (a)(2). Pub. L. 108–36, § 112(a)(4), added par. (2). Former par. (2) redesignated (4) relating to priorities. Subsec. (a)(2)(B). Pub. L. 108–36, § 112(a)(2), added sub- par. (B) and struck out former subpar. (B) which read as follows: ‘‘In establishing research priorities as re- quired by subparagraph (A), the Secretary shall— ‘‘(i) publish proposed priorities in the Federal Reg- ister for public comment; and ‘‘(ii) allow not less than 60 days for public comment on such proposed priorities.’’ Subsec. (a)(3). Pub. L. 108–36, § 112(a)(4), added par. (3). Subsec. (a)(4). Pub. L. 108–36, § 112(a)(3), redesignated par. (2) as (4) relating to priorities. Subsec. (b)(1). Pub. L. 108–36, § 112(b)(1), substituted ‘‘private agencies and community-based’’ for ‘‘non- profit private agencies and’’ and inserted ‘‘, including replicating successful program models,’’ after ‘‘pro- grams and activities’’. Subsec. (b)(2)(D). Pub. L. 108–36, § 112(b)(2), added sub- par. (D). Subsec. (e). Pub. L. 108–36, § 112(c), added subsec. (e). 1996—Pub. L. 104–235, § 105(f), struck out ‘‘of the Na- tional Center on Child Abuse and Neglect’’ after ‘‘ac- tivities’’ in section catchline. Subsec. (a)(1). Pub. L. 104–235, § 105(a)(1)(A), in intro- ductory provisions, substituted ‘‘, in consultation with other Federal agencies and recognized experts in the field, carry out a continuing interdisciplinary program of research that is designed to provide information needed to better protect children from abuse or neglect and to improve the well-being of abused or neglected children, with at least a portion of such research being field initiated. Such research program may focus on’’ for ‘‘, through the Center, conduct research on’’. Subsec. (a)(1)(A). Pub. L. 104–235, § 105(a)(1)(C), added subpar. (A). Former subpar. (A) redesignated (B). Subsec. (a)(1)(B). Pub. L. 104–235, § 105(a)(1)(B), (D), re- designated subpar. (A) as (B) and amended it generally. Prior to amendment, subpar. (B) read as follows: ‘‘the causes, prevention, identification,, treatment and cul- tural distinctions of child abuse and neglect;’’. Former subpar. (B) redesignated (C). Subsec. (a)(1)(C). Pub. L. 104–235, § 105(a)(1)(B), redes- ignated subpar. (B) as (C). Former subpar. (C) redesig- nated (D). Subsec. (a)(1)(D). Pub. L. 104–235, § 105(a)(1)(B), (E), re- designated subpar. (C) as (D), struck out cl. (ii), redes- ignated cl. (iii) as (ii) and amended it generally, and added cls. (iii) to (ix). Prior to amendment, cls. (ii) and (iii) read as follows: ‘‘(ii) the relationship of child abuse and neglect to nonpayment of child support, cultural diversity, dis- abilities, and various other factors; and ‘‘(iii) the incidence of substantiated reported child abuse cases that result in civil child protection pro- ceedings or criminal proceedings, including the number of such cases with respect to which the court makes a finding that abuse or neglect exists and the disposition of such cases.’’ Subsec. (a)(2). Pub. L. 104–235, § 105(a)(2), struck out ‘‘and demonstration’’ after ‘‘research’’, substituted ‘‘paragraph (1)’’ for ‘‘paragraph (1)(A) and activities under section 5106 of this title’’ in subpar. (A) and struck out ‘‘and demonstration’’ after ‘‘research’’ in in- troductory provisions of subpar. (B). Subsec. (b). Pub. L. 104–235, § 105(b), (c), redesignated subsec. (c) as (b)(1), inserted par. heading, struck out ‘‘, through the Center,’’ after ‘‘Secretary shall’’, in- serted ‘‘State and local’’ before ‘‘public and nonprofit’’ and ‘‘assessment,’’ before ‘‘identification’’, added pars. (2) and (3), and struck out heading and text of former subsec. (b) consisting of pars. (1) to (5) which related to publication and dissemination of information. Subsec. (c). Pub. L. 104–235, § 105(d), redesignated sub- sec. (d) as (c) and in par. (2) struck out at end ‘‘The Sec- retary shall review each such grant at least annually, utilizing peer review mechanisms to assure the quality and progress of research conducted under such grant.’’ Former subsec. (c) redesignated (b). Subsec. (d). Pub. L. 104–235, § 105(e), redesignated sub- sec. (e) as (d), in par. (1)(A) substituted ‘‘, in consulta- tion with experts in the field and other federal agen- cies, establish a formal, rigorous, and meritorious’’ for ‘‘establish a formal’’, struck out ‘‘and contracts’’ after ‘‘for grants’’, and inserted at end ‘‘The purpose of this process is to enhance the quality and usefulness of re- search in the field of child abuse and neglect.’’, in par. (1)(B) substituted ‘‘Administration on Children and Families’’ for ‘‘Office of Human Development’’ and in- serted at end ‘‘The Secretary shall ensure that the peer Page 6311 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5105 review panel utilizes scientifically valid review criteria and scoring guidelines for review committees.’’, in par. (2) struck out ‘‘, contract, or other financial assist- ance’’ after ‘‘grant’’ in introductory provisions and in- serted ‘‘The Secretary shall award grants under this section on the basis of competitive review.’’ as con- cluding provisions, and in par. (3)(B) substituted ‘‘para- graph (2)(B)’’ for ‘‘subsection (e)(2)(B) of this section’’ in two places. Former subsec. (d) redesignated (c). Subsec. (e). Pub. L. 104–235, § 105(e)(1), redesignated subsec. (e) as (d). 1992—Subsec. (a)(1)(A). Pub. L. 102–295, § 112(a)(1), sub- stituted ‘‘, treatment and cultural distinctions of’’ for ‘‘and treatment of’’. Subsec. (a)(1)(B). Pub. L. 102–295, § 112(a)(2), sub- stituted ‘‘appropriate, effective and culturally sen- sitive’’ for ‘‘appropriate and effective’’. Subsec. (a)(1)(C)(ii). Pub. L. 102–295, §§ 112(a)(3), 141(5), substituted ‘‘child support, cultural diversity, disabil- ities’’ for ‘‘child support, handicaps’’. Subsec. (b)(1). Pub. L. 102–295, § 112(b), amended par. (1) generally. Prior to amendment, par. (1) read as fol- lows: ‘‘as a part of research activities establish a na- tional data collection and analysis program, which, to the extent practical, coordinates existing State child abuse and neglect reports and which shall include— ‘‘(A) standardized data on false, unfounded, or un- substantiated reports; and ‘‘(B) information on the number of deaths due to child abuse and neglect;’’. Subsec. (c). Pub. L. 102–295, § 141(5), substituted ‘‘dis- abilities’’ for ‘‘handicaps’’. Subsec. (e)(1)(A). Pub. L. 102–295, § 112(c)(1)(A), in- serted ‘‘and reviewing’’ after ‘‘evaluating’’. Subsec. (e)(1)(B). Pub. L. 102–295, § 112(c)(1)(B), amend- ed subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: ‘‘Members of peer review panels shall be appointed by the Secretary from among indi- viduals who are not officers or employees of the Office of Human Development Services. In making appoint- ments to such panels, the Secretary shall include only experts in the field of child abuse and neglect.’’ Subsec. (e)(2)(A). Pub. L. 102–295, § 112(c)(2)(A), in- serted ‘‘and evaluate’’ after ‘‘determine’’. Subsec. (e)(2)(C). Pub. L. 102–295, § 112(c)(2)(B), added subpar. (C). Subsec. (e)(3)(A). Pub. L. 102–295, § 112(c)(3), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: ‘‘At the end of each application proc- ess, the Secretary shall make available upon request, no later than 14 days after the request, to the Com- mittee on Education and Labor of the House of Rep- resentatives and the Committee on Labor and Human Resources of the Senate the list which identifies all ap- plications reviewed by such panel and arranges such ap- plications according to rank determined under para- graph (2) and a list of all applications funded.’’ 1989—Subsecs. (a)(2)(A), (b)(3). Pub. L. 101–126, § 3(b)(3), made technical amendments to references to sections 5104, 5106, and 5106c of this title to reflect re- numbering of corresponding sections of original act. 1988—Pub. L. 100–294 amended section generally, sub- stituting provisions relating to research and assistance activities of the National Center on Child Abuse and Neglect for provisions relating to Advisory Board on Child Abuse and Neglect. See section 5102 of this title. 1986—Subsec. (a). Pub. L. 99–401, § 104(1), inserted after first sentence ‘‘The Advisory Board shall meet at least every six months.’’ Pub. L. 99–401, § 104(2), which directed that subsec. (a) be amended by inserting ‘‘in order to prevent unneces- sary duplication of such programs, to ensure efficient allocation of resources, and to assure that programs ef- fectively address all aspects of the child abuse prob- lem’’ after ‘‘Board’’ in second sentence, was executed by inserting provision after ‘‘Advisory Board’’ the first time that term appeared in what constituted the sec- ond sentence before a new second sentence was added by section 104(1) of Pub. L. 99–401. 1984—Subsec. (a). Pub. L. 98–457, § 105(a), (b), struck out ‘‘, including the Office of Child Development, the Department of Education, the National Institute of Education, the National Institute of Mental Health, the National Institute of Child Health and Human Develop- ment, the Social and Rehabilitation Service, and the Health Services Administration,’’ before ‘‘and not less than three members’’, and inserted provision that the Advisory Board may be available, at the Secretary’s re- quest, to assist the Secretary in coordinating adoption- related activities of the Federal Government. Subsecs. (b), (c). Pub. L. 98–457, § 105(c), redesignated subsec. (c) as (b) and struck out former subsec. (b) which required the Board to review the comprehensive plan submitted to it by the Center pursuant to section 5101(b)(7) of this title, make such changes as it deemed appropriate, and submit to the President and the Con- gress a final such plan not later than eighteen months after April 24, 1978. 1978—Subsec. (a). Pub. L. 95–266, § 105(1), (2), inserted requirement for representation from the general public, and ‘‘planned,’’ before ‘‘administered’’ in two places. Subsec. (b). Pub. L. 95–266, § 105(3), substituted provi- sions relating to review of the plan by the Advisory Board and submission to the President and Congress of a final plan, for provisions relating to a report by the Advisory Board on assisted programs, etc., and submis- sion to the President and Congress. Subsec. (c). Pub. L. 95–266, § 105(3), substituted provi- sions setting forth compensation and travel expense al- lowance authorizations for members of the Board, for provisions authorizing use of appropriated funds for re- quired report. Statutory Notes and Related Subsidiaries CHILD ABUSE AND DISABILITY Pub. L. 100–294, title I, § 102, Apr. 25, 1988, 102 Stat. 118, directed Director of National Center on Child Abuse and Neglect to conduct a study of incidence of child abuse among children with handicaps, including chil- dren in out-of-home placements, the relationship be- tween child abuse and children’s handicapping condi- tions, and incidence of children who have developed handicapping conditions as a result of child abuse or neglect, and not later than 2 years after Apr. 25, 1988, to report to appropriate committees of Congress with respect to the study, such report to include informa- tion and data gathered, an analysis of such information and data, and recommendations on how to prevent abuse of disabled children. CHILD ABUSE AND ALCOHOLIC FAMILIES Pub. L. 100–294, title I, § 103, Apr. 25, 1988, 102 Stat. 118, directed Director of National Center on Child Abuse and Neglect to conduct a study of incidence of child abuse in alcoholic families and relationship between child abuse and familial alcoholism, and not later than 2 years after Apr. 25, 1988, to report to appropriate com- mittees of Congress with respect to the study, such re- port to include information and data gathered, an anal- ysis of such information and data, and recommenda- tions on how to prevent child abuse in alcoholic fami- lies. STUDY OF GUARDIAN-AD-LITEM Pub. L. 100–294, title I, § 104, Apr. 25, 1988, 102 Stat. 118, directed Director of National Center on Child Abuse and Neglect to conduct a study of how individual legal representation of children in cases of child abuse or ne- glect has been provided in each State, and effectiveness of legal representation of children in cases of abuse or neglect through use of guardian-ad-litem and court ap- pointed special advocates, and not later than 2 years after Apr. 25, 1988, to report to appropriate committees of Congress with respect to the study, such report to in- clude information and data gathered, an analysis of such information and data, and recommendations on how to improve legal representation of children in cases of abuse or neglect. Page 6312 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5106 HIGH RISK STUDY Pub. L. 100–294, title I, § 105, Apr. 25, 1988, 102 Stat. 118, directed the Director of National Center on Child Abuse and Neglect to conduct a study to identify groups which have been historically underserved or unserved by programs relating to child abuse and neglect, and to report incidence of child abuse and neglect among chil- dren who are members of such groups, and not later than 2 years after Apr. 25, 1988, to report to appropriate committees of Congress with respect to the study, such report to include information and data gathered, an analysis of such information and data, and rec- ommendations on how to better meet needs of under- served or unserved groups. § 5106. Grants to States, Indian tribes or tribal organizations, and public or private agencies and organizations (a) Grants for programs and projects The Secretary may make grants to, and enter into contracts with, entities that are States, In- dian tribes or tribal organizations, or public agencies or private agencies or organizations (or combinations of such entities) for programs and projects for the following purposes: (1) Training programs The Secretary may award grants to public or private organizations under this subsection— (A) for the training of professional and paraprofessional personnel in the fields of health care, medicine, law enforcement, ju- diciary, social work and child protection, education, child care, and other relevant fields, or individuals such as court appointed special advocates (CASAs) and guardian ad litem, who are engaged in, or intend to work in, the field of prevention, identification, and treatment of child abuse and neglect, in- cluding the links between domestic violence and child abuse and neglect; (B) to improve the recruitment, selection, and training of volunteers serving in public and private children, youth, and family serv- ice organizations in order to prevent child abuse and neglect; (C) for the establishment of resource cen- ters for the purpose of providing information and training to professionals working in the field of child abuse and neglect; (D) for training to enhance linkages among child protective service agencies and health care agencies, entities providing physical and mental health services, com- munity resources, and developmental dis- ability agencies, to improve screening, fo- rensic diagnosis, and health and develop- mental evaluations, and for partnerships be- tween child protective service agencies and health care agencies that support the coordi- nated use of existing Federal, State, local, and private funding to meet the health eval- uation needs of children who have been sub- jects of substantiated cases of child abuse or neglect; (E) for the training of personnel in best practices to meet the unique needs of chil- dren with disabilities, including promoting interagency collaboration; (F) for the training of personnel in best practices to promote collaboration with the families from the initial time of contact dur- ing the investigation through treatment; (G) for the training of personnel regarding the legal duties of such personnel and their responsibilities to protect the legal rights of children and families; (H) for the training of personnel in child- hood development including the unique needs of children under age 3; (I) for improving the training of super- visory and nonsupervisory child welfare workers; (J) for enabling State child welfare agen- cies to coordinate the provision of services with State and local health care agencies, alcohol and drug abuse prevention and treat- ment agencies, mental health agencies, other public and private welfare agencies, and agencies that provide early intervention services to promote child safety, perma- nence, and family stability; (K) for cross training for child protective service workers in research-based strategies for recognizing situations of substance abuse, domestic violence, and neglect; (L) for developing, implementing, or oper- ating information and education programs or training programs designed to improve the provision of services to infants or tod- dlers with disabilities with life-threatening conditions for— (i) professionals and paraprofessional personnel concerned with the welfare of in- fants or toddlers with disabilities with life-threatening conditions, including per- sonnel employed in child protective serv- ices programs and health care facilities; and (ii) the parents of such infants; and (M) for the training of personnel in best practices relating to the provision of dif- ferential response. (2) Triage procedures The Secretary may award grants under this subsection to public and private agencies that demonstrate innovation in responding to re- ports of child abuse and neglect, including pro- grams of collaborative partnerships between the State child protective services agency, community social service agencies and family support programs, law enforcement agencies, developmental disability agencies, substance abuse treatment entities, health care entities, domestic violence prevention entities, mental health service entities, schools, churches and synagogues, and other community agencies, to allow for the establishment of a triage system that— (A) accepts, screens, and assesses reports received to determine which such reports re- quire an intensive intervention and which require voluntary referral to another agen- cy, program, or project; (B) provides, either directly or through re- ferral, a variety of community-linked serv- ices to assist families in preventing child abuse and neglect; and (C) provides further investigation and in- tensive intervention when the child’s safety is in jeopardy. (3) Mutual support programs The Secretary may award grants to private organizations to establish or maintain a na-