42 U.S.C. § 5108 — Monitoring and oversight

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