42 U.S.C. § 10412 — Specialized services for abused parents

Page 8066 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10412 1 See References in Text note below. (3) working in collaboration with service providers and community-based organizations to address the needs of family violence, domes- tic violence, and dating violence victims, and their dependents, who are members of racial and ethnic minority populations and under- served populations; (4) collaborating with and providing infor- mation to entities in such fields as housing, health care, mental health, social welfare, or business to support the development and im- plementation of effective policies, protocols, and programs that address the safety and sup- port needs of adult and youth victims of fam- ily violence, domestic violence, or dating vio- lence; (5) encouraging appropriate responses to cases of family violence, domestic violence, or dating violence against adults or youth, in- cluding by working with judicial and law en- forcement agencies; (6) working with family law judges, criminal court judges, child protective service agencies, and children’s advocates to develop appro- priate responses to child custody and visita- tion issues in cases of child exposure to family violence, domestic violence, or dating violence and in cases in which— (A) family violence, domestic violence, or dating violence is present; and (B) child abuse is present; (7) providing information to the public about prevention of family violence, domestic vio- lence, and dating violence, including informa- tion targeted to underserved populations; and (8) collaborating with Indian tribes and trib- al organizations (and corresponding Native Hawaiian groups or communities) to address the needs of Indian (including Alaska Native) and Native Hawaiian victims of family vio- lence, domestic violence, or dating violence, as applicable in the State. (e) Limitation on use of funds A coalition that receives a grant under this section shall not be required to use funds re- ceived under this chapter for the purposes de- scribed in paragraph (5) or (6) of subsection (d) if the coalition provides an annual assurance to the Secretary that the coalition is— (1) using funds received under section 2001(c)(1) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg(c)(1)) 1 for such purposes; and (2) coordinating the activities carried out by the coalition under subsection (d) with the State’s activities under part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) 1 that address those purposes. (f) Prohibition on lobbying No funds made available to entities under this section shall be used, directly or indirectly, to influence the issuance, amendment, or revoca- tion of any executive order or similar promulga- tion by any Federal, State, or local agency, or to undertake to influence the passage or defeat of any legislation by Congress, or by any State or local legislative body, or State proposals by initiative petition, except that the representa- tives of the entity may testify or make other appropriate communication— (1) when formally requested to do so by a legislative body, a committee, or a member of the body or committee; or (2) in connection with legislation or appro- priations directly affecting the activities of the entity. (g) Reports and evaluation Each entity receiving a grant under this sec- tion shall submit a performance report to the Secretary at such time as shall be reasonably required by the Secretary. Such performance re- port shall describe the activities that have been carried out with such grant funds, contain an evaluation of the effectiveness of such activi- ties, and provide such additional information as the Secretary may reasonably require. (h) Indian representatives For purposes of this section, a State Domestic Violence Coalition may include representatives of Indian tribes and tribal organizations. (Pub. L. 98–457, title III, § 311, as added Pub. L. 111–320, title II, § 201, Dec. 20, 2010, 124 Stat. 3501.) Editorial Notes REFERENCES IN TEXT The Omnibus Crime Control and Safe Streets Act of 1968, referred to in subsec. (e), is Pub. L. 90–351, June 19, 1968, 82 Stat. 197. Section 2001 of the Act was classified to section 3796gg of this title, prior to editorial reclas- sification and renumbering as section 10441 of Title 34, Crime Control and Law Enforcement. Part T of title I of the Act was classified generally to subchapter XII–H (§ 3796gg et seq.) of chapter 46 of this title, prior to edi- torial reclassification and renumbering as subchapter XIX (§ 10441 et seq.) of chapter 101 of Title 34. For com- plete classification of this Act to the Code, see Short Title of 1968 Act note set out under section 10101 of Title 34 and Tables. PRIOR PROVISIONS A prior section 10411, Pub. L. 98–457, title III, § 312, Oct. 9, 1984, 98 Stat. 1763, related to authority of Sec- retary to carry out provisions of this chapter, competi- tive awarding of grants and contracts, and delegation of authority and transfer of funds to Attorney General, prior to repeal by Pub. L. 100–294, title III, § 303(a), Apr. 25, 1988, 102 Stat. 124. A prior section 311 of Pub. L. 98–457 was classified to section 10410 of this title prior to the general amend- ment of this chapter by Pub. L. 111–320. § 10412. Specialized services for abused parents and their children (a) In general (1) Program The Secretary shall establish a grant pro- gram to expand the capacity of family vio- lence, domestic violence, and dating violence service programs and community-based pro- grams to prevent future domestic violence by addressing, in an appropriate manner, the needs of children exposed to family violence, domestic violence, or dating violence. (2) Grants The Secretary may make grants to eligible entities through the program established Page 8067 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10413 under paragraph (1) for periods of not more than 2 years. If the Secretary determines that an entity has received such a grant and been successful in meeting the objectives of the grant application submitted under subsection (c), the Secretary may renew the grant for 1 additional period of not more than 2 years. (b) Eligible entities To be eligible to receive a grant under this section, an entity shall be a local agency, a non- profit private organization (including faith- based and charitable organizations, community- based organizations, and voluntary associa- tions), or a tribal organization, with a dem- onstrated record of serving victims of family vi- olence, domestic violence, or dating violence and their children. (c) Application An entity seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require, including— (1) a description of how the entity will prioritize the safety of, and confidentiality of information about— (A) victims of family violence, victims of domestic violence, and victims of dating vio- lence; and (B) children of victims described in sub- paragraph (A); (2) a description of how the entity will pro- vide developmentally appropriate and age-ap- propriate services, and culturally and linguis- tically appropriate services, to the victims and children; and (3) a description of how the entity will en- sure that professionals working with the chil- dren receive the training and technical assist- ance appropriate and relevant to the unique needs of children exposed to family violence, domestic violence, or dating violence. (d) Use of funds An entity that receives a grant under this sec- tion for a family violence, domestic violence, and dating violence service or community-based program described in subsection (a)— (1) shall use the funds made available through the grant— (A) to provide direct counseling, appro- priate services consistent with subsection (c)(2), or advocacy on behalf of victims of family violence, domestic violence, or dating violence and their children, including co- ordinating services with services provided by the child welfare system; (B) to provide services for nonabusing par- ents to support those parents’ roles as care- givers and their roles in responding to the social, emotional, and developmental needs of their children; and (C) where appropriate, to provide the serv- ices described in this subsection while work- ing with such a nonabusing parent and child together; and (2) may use the funds made available through the grant— (A) to provide early childhood develop- ment and mental health services; (B) to coordinate activities with and pro- vide technical assistance to community- based organizations serving victims of fam- ily violence, domestic violence, or dating vi- olence or children exposed to family vio- lence, domestic violence, or dating violence; and (C) to provide additional services and re- ferrals to services for children, including child care, transportation, educational sup- port, respite care, supervised visitation, or other necessary services. (e) Reports and evaluation Each entity receiving a grant under this sec- tion shall submit a performance report to the Secretary at such time as shall be reasonably required by the Secretary. Such performance re- port shall describe the activities that have been carried out with such grant funds, contain an evaluation of the effectiveness of such activi- ties, and provide such additional information as the Secretary may reasonably require. (Pub. L. 98–457, title III, § 312, as added Pub. L. 111–320, title II, § 201, Dec. 20, 2010, 124 Stat. 3503.) Editorial Notes PRIOR PROVISIONS A prior section 10412, Pub. L. 98–457, title III, § 312, Oct. 9, 1984, 98 Stat. 1764; Pub. L. 102–295, title III, § 318, May 28, 1992, 106 Stat. 208; Pub. L. 108–36, title IV, § 408, June 25, 2003, 117 Stat. 827, related to authority of Sec- retary, construction with State and local law, and funding for evaluation, monitoring, and other adminis- trative costs, prior to the general amendment of this chapter by Pub. L. 111–320. A prior section 312 of Pub. L. 98–457, which was classi- fied to section 10411 of this title, was repealed by sec- tion 303(a) of Pub. L. 100–294. § 10413. National domestic violence hotline grant (a) In general The Secretary shall award a grant to 1 or more private entities to provide for the ongoing oper- ation of a 24-hour, national, toll-free telephone hotline to provide information and assistance to adult and youth victims of family violence, do- mestic violence, or dating violence, family and household members of such victims, and persons affected by the victimization. The Secretary shall give priority to applicants with experience in operating a hotline that provides assistance to adult and youth victims of family violence, domestic violence, or dating violence. (b) Term The Secretary shall award a grant under this section for a period of not more than 5 years. (c) Conditions on payment The provision of payments under a grant awarded under this section shall be subject to annual approval by the Secretary and subject to the availability of appropriations for each fiscal year to make the payments. (d) Application To be eligible to receive a grant under this section, an entity shall submit an application to the Secretary that shall— (1) contain such agreements, assurances, and information, be in such form, and be sub-