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 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 1993 AMENDMENT
Pub. L. 103-209, Sec. 1, Dec. 20, 1993, 107 Stat. 2490, provided
that: "This Act [enacting sections 5119 to 5119c of this title and
amending section 3759 of this title] may be cited as the 'National
Child Protection Act of 1993'."
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 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'."
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, set out as a Short Title note under section
5117 of this title.
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
Section 1(a), formerly Sec. 1, of Pub. L. 93-247, 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'."
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, provided
that: "Congress finds that -
"(1) each year, approximately 900,000 American children are
victims of abuse and neglect;
"(2)(A) more children suffer neglect than any other form of
maltreatment; and
"(B) investigations have determined that approximately 60
percent of children who were victims of maltreatment in 2001
suffered neglect, 19 percent suffered physical abuse, 10 percent
suffered sexual abuse, and 7 percent suffered emotional
maltreatment;
"(3)(A) child abuse can result in the death of a child;
"(B) in 2001, an estimated 1,300 children were counted by child
protection services to have died as a result of abuse or neglect;
and
"(C) children younger than 1 year old comprised 41 percent of
child abuse fatalities and 85 percent of child abuse fatalities
were younger than 6 years of age;
"(4)(A) many of these children and their families fail to
receive adequate protection and treatment; and
"(B) slightly less than half of these children (42 percent in
2001) and their families fail to receive adequate protection or
treatment;
"(5) the problem of child abuse and neglect requires a
comprehensive approach that -
"(A) integrates the work of social service, legal, health,
mental health, 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) is sensitive to ethnic and cultural diversity, which may
impact child rearing patterns, while at the same time, not
allowing those differences to enable abuse;
"(6) 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;
"(7) all elements of American society have a shared
responsibility in responding to child abuse and neglect;
"(8) 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;
"(9) 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;
"(10) 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;
"(11) 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;
"(12) 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;
"(13) 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."