Notes on 42 U.S.C. § 5101 : US Code - Notes

Search Notes on 42 U.S.C. § 5101 : US Code - Notes

    (Pub. L. 93-247, title I, Sec. 101, formerly Sec. 2, Jan. 31, 1974,
    88 Stat. 5; Pub. L. 93-644, Sec. 8(d)(1), Jan. 4, 1975, 88 Stat.
    2310; Pub. L. 95-266, title I, Sec. 101, Apr. 24, 1978, 92 Stat.
    205; Pub. L. 98-457, title I, Sec. 101, Oct. 9, 1984, 98 Stat.
    1749; Pub. L. 99-401, title I, Sec. 103(a), Aug. 27, 1986, 100
    Stat. 906; Pub. L. 100-294, title I, Sec. 101, Apr. 25, 1988, 102
    Stat. 103; renumbered title I, Sec. 101, Pub. L. 101-126, Sec.
    3(a)(1), (2), Oct. 25, 1989, 103 Stat. 764; Pub. L. 104-235, title
    I, Sec. 101, Oct. 3, 1996, 110 Stat. 3064.)



                                AMENDMENTS                            
      1996 - Pub. L. 104-235 amended section generally, substituting
    provisions relating to Office on Child Abuse and Neglect for
    provisions relating to National Center on Child Abuse and Neglect.
      1988 - Pub. L. 100-294 amended section generally, substituting
    provisions relating to establishment, appointment of Director, and
    other staff and resources of National Center on Child Abuse and
    Neglect for provisions relating to establishment, functions, grant
    and contract authority, staff and resource availability, and use of
    funds of National Center on Child Abuse and Neglect. See sections
    5105 to 5106d of this title.
      1986 - Subsec. (b)(2). Pub. L. 99-401, Sec. 103(a)(2), added par.
    (2). Former par. (2) redesignated (3).
      Subsec. (b)(3), (4). Pub. L. 99-401, Sec. 103(a)(1), redesignated
    former pars. (2) and (3) as (3) and (4), respectively. Former par.
    (4) redesignated (6).
      Subsec. (b)(5). Pub. L. 99-401, Sec. 103(a)(3), added par. (5).
    Former par. (5) redesignated (7).
      Subsec. (b)(6). Pub. L. 99-401, Sec. 103(a)(1), redesignated
    former par. (4) as (6). Former par. (6) redesignated (8).
      Subsec. (b)(7). Pub. L. 99-401, Sec. 103(a)(1), (4), redesignated
    former par. (5) as (7) and amended it generally, substituting
    "conduct research on the causes, prevention, identification, and
    treatment of child abuse and neglect, and on appropriate and
    effective investigative, administrative, and judicial procedures in
    cases of child abuse" for "conduct research into the causes of
    child abuse and neglect, and into the prevention, identification,
    and treatment thereof". Former par. (7) redesignated (9).
      Subsec. (b)(8), (9). Pub. L. 99-401, Sec. 103(a)(1), redesignated
    former pars. (6) and (7) as (8) and (9), respectively.
      Subsec. (b)(10). Pub. L. 99-401, Sec. 103(a)(5), added par. (10).
      1984 - Subsec. (a). Pub. L. 98-457, Sec. 101(a), substituted
    "Health and Human Services" for "Health, Education, and Welfare".
      Subsec. (b)(6). Pub. L. 98-457, Sec. 101(b), amended par. (6)
    generally. Prior to amendment, par. (6) read as follows: "make a
    complete and full study and investigation of the national incidence
    of child abuse and neglect, including a determination of the extent
    to which incidents of child abuse and neglect are increasing in
    number or severity; and".
      Subsec. (b)(7). Pub. L. 98-457, Sec. 101(b), amended par. (7)
    generally. Prior to amendment, par. (7) read as follows: "in
    consultation with Federal agencies serving on the Advisory Board on
    Child Abuse and Neglect (established by section 5105 of this
    title), prepare a comprehensive plan for seeking to bring about
    maximum coordination of the goals, objectives, and activities of
    all agencies and organizations which have responsibilities for
    programs and activities related to child abuse and neglect, and
    submit such plan to such Advisory Board not later than twelve
    months after April 24, 1978."
      Subsec. (c). Pub. L. 98-457, Sec. 101(c), substituted "The
    functions of the Secretary under subsection (b) of this section may
    be carried out" for "The Secretary may carry out his functions
    under subsection (b) of this section".
      Subsec. (e). Pub. L. 98-457, Sec. 101(d), added subsec. (e).
      1978 - Subsec. (b). Pub. L. 95-266, Sec. 101(1), in pars. (1) and
    (3) inserted requirement of dissemination of annual summary and
    training materials, respectively, and added par. (7).
      Subsec. (c). Pub. L. 95-266, Sec. 101(2), inserted provisions
    relating to duration and review of grants under subsec. (b)(5) of
    this section.
      Subsec. (d). Pub. L. 95-266, Sec. 101(3), added subsec. (d).
      1975 - Subsec. (c). Pub. L. 93-644 added subsec. (c).

                       SHORT TITLE OF 2010 AMENDMENT                   
      Pub. L. 111-341, Sec. 1, Dec. 22, 2010, 124 Stat. 3606, provided
    that: "This Act [amending provisions set out as a note under
    section 5119a of this title] may be cited as the 'Criminal History
    Background Checks Pilot Extension Act of 2010'."
      Pub. L. 111-320, Sec. 1, Dec. 20, 2010, 124 Stat. 3459, provided
    that: "This Act [enacting chapter 110 of this title, amending
    sections 3796gg, 5102, 5104 to 5106a, 5106c, 5106d, 5106f, 5106g to
    5106i, 5111, 5113, 5115, 5116 to 5116b, 5116d to 5116i, 5117aa,
    5117aa-21, 5117aa-22, 13925, and 14214 of this title, section 707
    of Title 11, Bankruptcy, and section 1435 of Title 20, Education,
    enacting provisions set out as notes under this section, amending
    provisions set out as a note under this section, repealing
    provisions set out as a note under section 670 of this title, and
    omitting provisions set out as a note under section 10401 of this
    title] may be cited as the 'CAPTA Reauthorization Act of 2010'."
      Pub. L. 111-143, Sec. 1, Mar. 1, 2010, 124 Stat. 41, provided
    that: "This Act [amending provisions set out as a note under
    section 5119a of this title] may be cited as the 'Criminal History
    Background Checks Pilot Extension Act of 2009'."

                       SHORT TITLE OF 2008 AMENDMENT                   
      Pub. L. 110-296, Sec. 1, July 30, 2008, 122 Stat. 2974, and Pub.
    L. 110-408, Sec. 1, Oct. 13, 2008, 122 Stat. 4301, provided that:
    "This Act [amending provisions set out as a note under section
    5119a of this title] may be cited as the 'Criminal History
    Background Checks Pilot Extension Act of 2008'."

                       SHORT TITLE OF 2003 AMENDMENT                   
      Pub. L. 108-36, Sec. 1(a), June 25, 2003, 117 Stat. 800, provided
    that: "This Act [see Tables for classification] may be cited as the
    'Keeping Children and Families Safe Act of 2003'."

                       SHORT TITLE OF 1998 AMENDMENT                   
      Pub. L. 105-251, title II, Sec. 221, Oct. 9, 1998, 112 Stat.
    1885, provided that: "This subtitle [subtitle B (Secs. 221, 222) of
    title II of Pub. L. 105-251, amending sections 5119a and 5119b of
    this title] may be cited as the 'Volunteers for Children Act'."

                       SHORT TITLE OF 1996 AMENDMENT                   
      Section 1(a) of Pub. L. 104-235 provided that: "This Act
    [enacting sections 5106i and 5116 to 5116i of this title, amending
    this section and sections 5102, 5104 to 5106, 5106a, 5106c to
    5106f, 5106g to 5106i, 5111, 5113, 5115, 5777, 10402, 10403, 10409,
    10603a, and 13004 of this title, repealing sections 5103, 5106b,
    5117 to 5117d, 5118 to 5118e, 5778, and 11481 to 11489 of this
    title, amending provisions set out as notes under this section and
    section 670 of this title, and repealing provisions set out as
    notes under section 5117 of this title] may be cited as the 'Child
    Abuse Prevention and Treatment Act Amendments of 1996'."

                       SHORT TITLE OF 1994 AMENDMENT                   
      For short title of subpart 1 of part E of title V of Pub. L. 103-
    381, which enacted section 5115a of this title, as the "Howard M.
    Metzenbaum Multiethnic Placement Act of 1994", see section 551 of
    Pub. L. 103-382, set out as a note under section 1305 of this
    title.

                       SHORT TITLE OF 1992 AMENDMENT                   
      Pub. L. 102-295, Sec. 1(a), May 28, 1992, 106 Stat. 187, provided
    that: "This Act [enacting sections 5106f-1, 10414, and 10415 of
    this title, amending sections 5102, 5105, 5106, 5106a, 5106a-1,
    5106c, 5106h, 5111, 5113, 5115, 5116, 5116b to 5116d, 5117c, 5117d,
    5118e, 10401 to 10405, 10407 to 10410, 10412, and 10413 of this
    title, repealing section 5112 of this title, and enacting
    provisions set out as notes under this section and sections 5106a,
    5106h, 5117, 10401, and 10402 of this title] may be cited as the
    'Child Abuse, Domestic Violence, Adoption and Family Services Act
    of 1992'."

                       SHORT TITLE OF 1991 AMENDMENT                   
      Pub. L. 102-236, Sec. 1, Dec. 12, 1991, 105 Stat. 1812, provided
    that: "This Act [amending sections 5117aa to 5117aa-12 and 5117aa-
    22 of this title and provisions set out as a note under section
    623 of Title 29, Labor] may be cited as the 'Abandoned Infants
    Assistance Act Amendments of 1991'."

                       SHORT TITLE OF 1989 AMENDMENT                   
      Section 1 of Pub. L. 101-126 provided that: "This Act [amending
    this section and sections 5102 to 5106h and 5116 to 5116g of this
    title and enacting provisions set out as notes under section 5102
    and 5116b of this title] may be cited as the 'Child Abuse
    Prevention Challenge Grants Reauthorization Act of 1989'."

                       SHORT TITLE OF 1988 AMENDMENT                   
      Section 1 of Pub. L. 100-294 provided that: "This Act [enacting
    sections 5106a to 5106h and 10413 of this title, amending this
    section and sections 5102 to 5106, 5113, 5115, 10402, 10409, and
    10410 of this title, repealing section 10411 of this title, and
    enacting provisions set out as notes under this section and section
    5105 of this title] may be referred to as the 'Child Abuse
    Prevention, Adoption, and Family Services Act of 1988'."

                       SHORT TITLE OF 1986 AMENDMENT                   
      Section 1 of Pub. L. 99-401 provided that: "This Act [enacting
    subchapter IV of this chapter and section 10603a of this title,
    amending this section and sections 290dd-3, 290ee-3, 5103, 5105,
    10601, and 10603 of this title, and enacting provisions set out as
    notes under this section and section 5117 of this title] may be
    cited as the 'Children's Justice and Assistance Act of 1986'."
      Section 101 of title I of Pub. L. 99-401 provided that: "This
    title [enacting section 10603a of this title, amending this section
    and sections 290dd-3, 290ee-3, 5103, 5105, 10601, and 10603 of this
    title, and enacting provisions set out as notes under this section]
    may be cited as the 'Children's Justice Act'."

                       SHORT TITLE OF 1984 AMENDMENT                   
      Section 1 of Pub. L. 98-457 provided: "That this Act [enacting
    chapter 110 of this title, amending this section and sections 5102
    to 5106, 5111 to 5113, and 5115 of this title, and enacting
    provisions set out as notes under this section and sections 5102,
    5103, and 10401 of this title] may be cited as the 'Child Abuse
    Amendments of 1984'."

                       SHORT TITLE OF 1978 AMENDMENT                   
      Section 1 of Pub. L. 95-266 provided: "That this Act [enacting
    subchapter II of this chapter and amending this section and
    sections 5102 to 5105 of this title] may be cited as the 'Child
    Abuse Prevention and Treatment and Adoption Reform Act of 1978'."

                                SHORT TITLE                            
      Pub. L. 93-247, Sec. 1(a), formerly Sec. 1, Jan. 31, 1974, 88
    Stat. 4, as renumbered Sec. 1(a) and amended by Pub. L. 100-294,
    title I, Sec. 101, Apr. 25, 1988, 102 Stat. 102, provided that:
    "This Act [enacting this subchapter and subchapters III and V of
    this chapter] may be cited as the 'Child Abuse Prevention and
    Treatment Act'."
      For short title of title II of Pub. L. 99-401, which enacted
    subchapter IV of this chapter, as the "Temporary Child Care for
    Handicapped Children and Crisis Nurseries Act of 1986", see section
    201 of Pub. L. 99-401, formerly set out as a note under section
    5117 of this title.
      Pub. L. 100-505, Sec. 1, Oct. 18, 1988, 102 Stat. 2533, provided
    that: "This Act [enacting subchapter IV-A of this chapter and
    provisions formerly set out as a note under section 670 of this
    title] may be cited as the 'Abandoned Infants Assistance Act of
    1988'."
      Pub. L. 103-209, Sec. 1, Dec. 20, 1993, 107 Stat. 2490, provided
    that: "This Act [enacting subchapter VI of this chapter and
    amending section 3759 of this title] may be cited as the 'National
    Child Protection Act of 1993'."

                                REGULATIONS                            
      Section 401(a) of Pub. L. 100-294 provided that: "For any rule or
    regulation needed to implement this Act [see Short Title of 1988
    Amendment note above], the Secretary of Health and Human Services
    shall - 
        "(1) publish proposed regulations for purposes of implementing
      the amendments made by this Act before the expiration of the 90-
      day period beginning on the date of the enactment of this Act
      [Apr. 25, 1988];
        "(2) allow not less than 45 days for public comment on such
      proposed regulations; and
        "(3) publish final regulations for purposes of implementing the
      amendments made by this Act before the end of the 195-day period
      beginning on the date of the enactment of this Act."

      CONSTRUCTION OF CHILD ABUSE AMENDMENTS OF 1984 WITH OTHER LAWS;
                               SEPARABILITY
      Section 127 of Pub. L. 98-457 provided that:
      "(a) No provision of this Act or any amendment made by this Act
    [See Short Title of 1984 Amendment note above] is intended to
    affect any right or protection under section 504 of the
    Rehabilitation Act of 1973 [29 U.S.C. 794].
      "(b) No provision of this Act or any amendment made by this Act
    may be so construed as to authorize the Secretary or any other
    governmental entity to establish standards prescribing specific
    medical treatments for specific conditions, except to the extent
    that such standards are authorized by other laws.
      "(c) If the provisions of any part of this Act or any amendment
    made by this Act or the application thereof to any person or
    circumstances be held invalid, the provisions of the other parts
    and their application to other persons or circumstances shall not
    be affected thereby."

             PRESIDENTIAL COMMISSION ON CHILD AND YOUTH DEATHS         
      Section 106 of Pub. L. 100-294 established a National Commission
    on Child and Youth Deaths to study and evaluate comprehensively
    Federal, State, and local public and private resources which affect
    child and youth deaths and to prepare and transmit to President and
    appropriate committees of Congress a report within 12 months after
    appointment of the Commission, and provided that the Commission
    terminates 90 days after transmitting the report.

                      ACQUISITION OF STATISTICAL DATA                  
      Section 105 of Pub. L. 99-401 provided that:
      "(a) Data Acquisition for 1987 and 1988. - The Attorney General
    shall acquire from criminal justice agencies statistical data, for
    the calendar years 1987 and 1988, about the incidence of child
    abuse, including child sexual abuse, and shall publish annually a
    summary of such data.
      "(b) Modification of Uniform Crime Reporting Program. - (1) As
    soon as practicable, but in no case later than January 1, 1989, the
    Attorney General shall modify the uniform crime reporting program
    in the Federal Bureau of Investigation to include data on the age
    of the victim of the offense and the relationship, if any, of the
    victim to the offender, for types of offenses that may involve
    child abuse, including child sexual abuse.
      "(2) The modification, once made, shall remain in effect until
    the later of - 
        "(A) 10 years after the date it is made; or
        "(B) such ending date as may be set by the Attorney General."

                          CONGRESSIONAL FINDINGS                      
      Section 2 of Pub. L. 93-247, as added by Pub. L. 102-295, title
    I, Sec. 102(a), May 28, 1992, 106 Stat. 188, and amended by Pub. L.
    104-235, title I, Sec. 100, Oct. 3, 1996, 110 Stat. 3064; Pub. L.
    108-36, title I, Sec. 101, June 25, 2003, 117 Stat. 801; Pub. L.
    111-320, title I, Sec. 101, Dec. 20, 2010, 124 Stat. 3459, provided
    that: "Congress finds that - 
        "(1) in fiscal year 2008, approximately 772,000 children were
      found by States to be victims of child abuse and neglect;
        "(2)(A) more children suffer neglect than any other form of
      maltreatment and close to  1/3  of all child maltreatment-related
      fatalities in fiscal year 2008 were attributed to neglect alone;
      and
        "(B) investigations have determined that approximately 71
      percent of children who were victims of maltreatment in fiscal
      year 2008 suffered neglect, 16 percent suffered physical abuse, 9
      percent suffered sexual abuse,, [sic] 7 percent suffered
      psychological maltreatment, 2 percent experienced medical
      neglect, and 9 percent were victims of other forms of
      maltreatment;
        "(3)(A) child abuse or neglect can result in the death of a
      child;
        "(B) in fiscal year 2008, an estimated 1,740 children were
      counted by child protection services to have died as a result of
      abuse or neglect; and
        "(C) in fiscal year 2008, children younger than 1 year old
      comprised 45 percent of child maltreatment fatalities and 72
      percent of child maltreatment fatalities were younger than 4
      years of age;
        "(4)(A) many of these children and their families fail to
      receive adequate protection and treatment; and
        "(B) approximately 37 percent of victims of child abuse did not
      receive post-investigation services in fiscal year 2008;
        "(5) African-American children, American Indian children,
      Alaska Native children, and children of multiple races and
      ethnicities experience the highest rates of child abuse or
      neglect;
        "(6) the problem of child abuse and neglect requires a
      comprehensive approach that - 
          "(A) integrates the work of social service, legal, health,
        mental health, domestic violence services, education, and
        substance abuse agencies and community-based organizations;
          "(B) strengthens coordination among all levels of government,
        and with private agencies, civic, religious, and professional
        organizations, and individual volunteers;
          "(C) emphasizes the need for abuse and neglect prevention,
        assessment, investigation, and treatment at the neighborhood
        level;
          "(D) recognizes the need for properly trained staff with the
        qualifications needed, to carry out their child protection
        duties; and
          "(E) recognizes the diversity of ethnic, cultural, and
        religious beliefs and traditions that may impact child rearing
        patterns, while not allowing the differences in those beliefs
        and traditions to enable abuse or neglect;
        "(7) the failure to coordinate and comprehensively prevent and
      treat child abuse and neglect threatens the futures of thousands
      of children and results in a cost to the Nation of billions of
      dollars in tangible expenditures, as well as significant
      intangible costs;
        "(8) all elements of American society have a shared
      responsibility in responding to child abuse and neglect;
        "(9) substantial reductions in the prevalence and incidence of
      child abuse and neglect and the alleviation of its consequences
      are matters of the highest national priority;
        "(10) national policy should strengthen families to prevent
      child abuse and neglect, provide support for needed services to
      prevent the unnecessary removal of children from families, and
      promote the reunification of families where appropriate;
        "(11) the child protection system should be comprehensive,
      child-centered, family-focused, and community-based, should
      incorporate all appropriate measures to prevent the occurrence or
      recurrence of child abuse and neglect, and should promote
      physical and psychological recovery and social re-integration in
      an environment that fosters the health, safety, self-respect, and
      dignity of the child;
        "(12) because both child maltreatment and domestic violence
      occur in up to 60 percent of the families in which either is
      present, States and communities should adopt assessments and
      intervention procedures aimed at enhancing the safety both of
      children and victims of domestic violence;
        "(13) because of the limited resources available in low-income
      communities, Federal aid for the child protection system should
      be distributed with due regard to the relative financial need of
      the communities;
        "(14) the Federal Government should assist States and
      communities with the fiscal, human, and technical resources
      necessary to develop and implement a successful and comprehensive
      child and family protection strategy; and
        "(15) the Federal Government should provide leadership and
      assist communities in their child and family protection efforts
      by - 
          "(A) promoting coordinated planning among all levels of
        government;
          "(B) generating and sharing knowledge relevant to child and
        family protection, including the development of models for
        service delivery;
          "(C) strengthening the capacity of States to assist
        communities;
          "(D) allocating financial resources to assist States in
        implementing community plans;
          "(E) helping communities to carry out their child and family
        protection plans by promoting the competence of professional,
        paraprofessional, and volunteer resources; and
          "(F) providing leadership to end the abuse and neglect of the
        nation's children and youth."


                                DEFINITIONS                            
      Pub. L. 93-247, Sec. 3, as added by Pub. L. 111-320, title I,
    Sec. 142(a), Dec. 20, 2010, 124 Stat. 3482, provided that: "In this
    Act [see Short Title note above] - 
        "(1) the term 'child' means a person who has not attained the
      lesser of - 
          "(A) the age of 18; or
          "(B) except in the case of sexual abuse, the age specified by
        the child protection law of the State in which the child
        resides;
        "(2) the term 'child abuse and neglect' means, at a minimum,
      any recent act or failure to act on the part of a parent or
      caretaker, which results in death, serious physical or emotional
      harm, sexual abuse or exploitation, or an act or failure to act
      which presents an imminent risk of serious harm;
        "(3) the term 'child with a disability' means a child with a
      disability as defined in section 602 of the Individuals with
      Disabilities Education Act (20 U.S.C. 1401), or an infant or
      toddler with a disability as defined in section 632 of such Act
      (20 U.S.C. 1432);
        "(4) the term 'Governor' means the chief executive officer of a
      State;
        "(5) the terms 'Indian', 'Indian tribe', and 'tribal
      organization' have the meanings given the terms in section 4 of
      the Indian Self-Determination and Education Assistance Act (25
      U.S.C. 450b);
        "(6) the term 'Secretary' means the Secretary of Health and
      Human Services;
        "(7) except as provided in section 106(f) [42 U.S.C. 5106a(f)],
      the term 'State' means each of the several States, the District
      of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
      Guam, American Samoa, and the Commonwealth of the Northern
      Mariana Islands; and
        "(8) the term 'unaccompanied homeless youth' means an
      individual who is described in paragraphs (2) and (6) of section
      725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
      11434a)."