42 U.S.C. § 5106a : US Code - Section 5106A: Grants to States for child abuse and neglect prevention and treatment programs

Search 42 U.S.C. § 5106a : US Code - Section 5106A: Grants to States for child abuse and neglect prevention and treatment programs

(a) Development and operation grants
The Secretary shall make grants to the States, based on the
population of children under the age of 18 in each State that
applies for a grant under this section, for purposes of assisting
the States in improving the child protective services system of
each such State in -
(1) the intake, assessment, screening, and investigation of
reports of abuse and neglect;
(2)(A) creating and improving the use of multidisciplinary
teams and interagency protocols to enhance investigations; and
(B) improving legal preparation and representation, including -

(i) procedures for appealing and responding to appeals of
substantiated reports of abuse and neglect; and
(ii) provisions for the appointment of an individual
appointed to represent a child in judicial proceedings;
(3) case management, including ongoing case monitoring, and
delivery of services and treatment provided to children and their
families;
(4) enhancing the general child protective system by
developing, improving, and implementing risk and safety
assessment tools and protocols;
(5) developing and updating systems of technology that support
the program and track reports of child abuse and neglect from
intake through final disposition and allow interstate and
intrastate information exchange;
(6) developing, strengthening, and facilitating training
including -
(A) training regarding research-based strategies to promote
collaboration with the families;
(B) training regarding the legal duties of such individuals;
and
(C) personal safety training for case workers;; (!1)
(7) improving the skills, qualifications, and availability of
individuals providing services to children and families, and the
supervisors of such individuals, through the child protection
system, including improvements in the recruitment and retention
of caseworkers;
(8) developing and facilitating training protocols for
individuals mandated to report child abuse or neglect;
(9) developing and facilitating research-based strategies for
training for individuals mandated to report child abuse or
neglect;
(10) developing, implementing, or operating programs to assist
in obtaining or coordinating necessary services for families of
disabled infants with life-threatening conditions, including -
(A) existing social and health services;
(B) financial assistance; and
(C) services necessary to facilitate adoptive placement of
any such infants who have been relinquished for adoption;
(11) developing and delivering information to improve public
education relating to the role and responsibilities of the child
protection system and the nature and basis for reporting
suspected incidents of child abuse and neglect;
(12) developing and enhancing the capacity of community-based
programs to integrate shared leadership strategies between
parents and professionals to prevent and treat child abuse and
neglect at the neighborhood level;
(13) supporting and enhancing interagency collaboration between
the child protection system and the juvenile justice system for
improved delivery of services and treatment, including methods
for continuity of treatment plan and services as children
transition between systems; or
(14) supporting and enhancing collaboration among public health
agencies, the child protection system, and private community-
based programs to provide child abuse and neglect prevention and
treatment services (including linkages with education systems)
and to address the health needs, including mental health needs,
of children identified as abused or neglected, including
supporting prompt, comprehensive health and developmental
evaluations for children who are the subject of substantiated
child maltreatment reports.
(b) Eligibility requirements
(1) State plan
(A) In general
To be eligible to receive a grant under this section, a State
shall, at the time of the initial grant application and every 5
years thereafter, prepare and submit to the Secretary a State
plan that specifies the areas of the child protective services
system described in subsection (a) of this section that the
State intends to address with amounts received under the grant.
(B) Additional requirement
After the submission of the initial grant application under
subparagraph (A), the State shall provide notice to the
Secretary -
(i) of any substantive changes; and to any State law
relating to the prevention of child abuse and neglect that
may affect the eligibility of the State under this section;
and
(ii) any significant changes to how funds provided under
this section are used to support the activities which may
differ from the activities as described in the current State
application.
(2) Coordination
A State plan submitted under paragraph (1) shall, to the
maximum extent practicable, be coordinated with the State plan
under part B of title IV of the Social Security Act [42 U.S.C.
620 et seq.] relating to child welfare services and family
preservation and family support services, and shall contain an
outline of the activities that the State intends to carry out
using amounts received under the grant to achieve the purposes of
this subchapter, including -
(A) an assurance in the form of a certification by the chief
executive officer of the State that the State has in effect and
is enforcing a State law, or has in effect and is operating a
Statewide program, relating to child abuse and neglect that
includes -
(i) provisions or procedures for the reporting of known and
suspected instances of child abuse and neglect;
(ii) policies and procedures (including appropriate
referrals to child protection service systems and for other
appropriate services) to address the needs of infants born
and identified as being affected by illegal substance abuse
or withdrawal symptoms resulting from prenatal drug exposure,
including a requirement that health care providers involved
in the delivery or care of such infants notify the child
protective services system of the occurrence of such
condition in such infants, except that such notification
shall not be construed to -
(I) establish a definition under Federal law of what
constitutes child abuse; or
(II) require prosecution for any illegal action;
(iii) the development of a plan of safe care for the infant
born and identified as being affected by illegal substance
abuse or withdrawal symptoms;
(iv) procedures for the immediate screening, risk and
safety assessment, and prompt investigation of such reports;
(v) triage procedures for the appropriate referral of a
child not at risk of imminent harm to a community
organization or voluntary preventive service;
(vi) procedures for immediate steps to be taken to ensure
and protect the safety of the abused or neglected child and
of any other child under the same care who may also be in
danger of abuse or neglect and ensuring their placement in a
safe environment;
(vii) provisions for immunity from prosecution under State
and local laws and regulations for individuals making good
faith reports of suspected or known instances of child abuse
or neglect;
(viii) methods to preserve the confidentiality of all
records in order to protect the rights of the child and of
the child's parents or guardians, including requirements
ensuring that reports and records made and maintained
pursuant to the purposes of this subchapter and subchapter
III of this chapter shall only be made available to -
(I) individuals who are the subject of the report;
(II) Federal, State, or local government entities, or any
agent of such entities, as described in clause (ix);
(III) child abuse citizen review panels;
(IV) child fatality review panels;
(V) a grand jury or court, upon a finding that
information in the record is necessary for the
determination of an issue before the court or grand jury;
and
(VI) other entities or classes of individuals statutorily
authorized by the State to receive such information
pursuant to a legitimate State purpose;
(ix) provisions to require a State to disclose confidential
information to any Federal, State, or local government
entity, or any agent of such entity, that has a need for such
information in order to carry out its responsibilities under
law to protect children from abuse and neglect;
(x) provisions which allow for public disclosure of the
findings or information about the case of child abuse or
neglect which has resulted in a child fatality or near
fatality;
(xi) the cooperation of State law enforcement officials,
court of competent jurisdiction, and appropriate State
agencies providing human services in the investigation,
assessment, prosecution, and treatment of child abuse or
neglect;
(xii) provisions requiring, and procedures in place that
facilitate the prompt expungement of any records that are
accessible to the general public or are used for purposes of
employment or other background checks in cases determined to
be unsubstantiated or false, except that nothing in this
section shall prevent State child protective services
agencies from keeping information on unsubstantiated reports
in their casework files to assist in future risk and safety
assessment;
(xiii) provisions and procedures requiring that in every
case involving an abused or neglected child which results in
a judicial proceeding, a guardian ad litem, who has received
training appropriate to the role, and who may be an attorney
or a court appointed special advocate who has received
training appropriate to that role (or both), shall be
appointed to represent the child in such proceedings -
(I) to obtain first-hand, a clear understanding of the
situation and needs of the child; and
(II) to make recommendations to the court concerning the
best interests of the child;
(xiv) the establishment of citizen review panels in
accordance with subsection (c) of this section;
(xv) provisions, procedures, and mechanisms -
(I) for the expedited termination of parental rights in
the case of any infant determined to be abandoned under
State law; and
(II) by which individuals who disagree with an official
finding of abuse or neglect can appeal such finding;
(xvi) provisions, procedures, and mechanisms that assure
that the State does not require reunification of a surviving
child with a parent who has been found by a court of
competent jurisdiction -
(I) to have committed murder (which would have been an
offense under section 1111(a) of title 18 if the offense
had occurred in the special maritime or territorial
jurisdiction of the United States) of another child of such
parent;
(II) to have committed voluntary manslaughter (which
would have been an offense under section 1112(a) of title
18 if the offense had occurred in the special maritime or
territorial jurisdiction of the United States) of another
child of such parent;
(III) to have aided or abetted, attempted, conspired, or
solicited to commit such murder or voluntary manslaughter;
or
(IV) to have committed a felony assault that results in
the serious bodily injury to the surviving child or another
child of such parent;
(xvii) an assurance that, upon the implementation by the
State of the provisions, procedures, and mechanisms under
clause (xvi), conviction of any one of the felonies listed in
clause (xvi) constitute grounds under State law for the
termination of parental rights of the convicted parent as to
the surviving children (although case-by-case determinations
of whether or not to seek termination of parental rights
shall be within the sole discretion of the State);
(xviii) provisions and procedures to require that a
representative of the child protective services agency shall,
at the initial time of contact with the individual subject to
a child abuse and neglect investigation, advise the
individual of the complaints or allegations made against the
individual, in a manner that is consistent with laws
protecting the rights of the informant;
(xix) provisions addressing the training of representatives
of the child protective services system regarding the legal
duties of the representatives, which may consist of various
methods of informing such representatives of such duties, in
order to protect the legal rights and safety of children and
families from the initial time of contact during
investigation through treatment;
(xx) provisions and procedures for improving the training,
retention, and supervision of caseworkers;
(xxi) provisions and procedures for referral of a child
under the age of 3 who is involved in a substantiated case of
child abuse or neglect to early intervention services funded
under part C of the Individuals with Disabilities Education
Act [20 U.S.C. 1431 et seq.]; and
(xxii) not later than 2 years after June 25, 2003,
provisions and procedures for requiring criminal background
record checks for prospective foster and adoptive parents and
other adult relatives and non-relatives residing in the
household;
(B) an assurance that the State has in place procedures for
responding to the reporting of medical neglect (including
instances of withholding of medically indicated treatment from
disabled infants with life-threatening conditions), procedures
or programs, or both (within the State child protective
services system), to provide for -
(i) coordination and consultation with individuals
designated by and within appropriate health-care facilities;
(ii) prompt notification by individuals designated by and
within appropriate health-care facilities of cases of
suspected medical neglect (including instances of withholding
of medically indicated treatment from disabled infants with
life-threatening conditions); and
(iii) authority, under State law, for the State child
protective services system to pursue any legal remedies,
including the authority to initiate legal proceedings in a
court of competent jurisdiction, as may be necessary to
prevent the withholding of medically indicated treatment from
disabled infants with life threatening (!2) conditions;
(C) a description of -
(i) the services to be provided under the grant to
individuals, families, or communities, either directly or
through referrals aimed at preventing the occurrence of child
abuse and neglect;
(ii) the training to be provided under the grant to support
direct line and supervisory personnel in report taking,
screening, assessment, decision making, and referral for
investigating suspected instances of child abuse and neglect;
and
(iii) the training to be provided under the grant for
individuals who are required to report suspected cases of
child abuse and neglect; and
(D) an assurance or certification that the programs or
projects relating to child abuse and neglect carried out under
part B of title IV of the Social Security Act [42 U.S.C. 620 et
seq.] comply with the requirements set forth in paragraph (1)
and this paragraph.
Nothing in subparagraph (A) shall be construed to limit the
State's flexibility to determine State policies relating to
public access to court proceedings to determine child abuse and
neglect, except that such policies shall, at a minimum, ensure
the safety and well-being of the child, parents, and families.
(3) Limitation
With regard to clauses (vi) and (vii) of paragraph (2)(A),
nothing in this section shall be construed as restricting the
ability of a State to refuse to disclose identifying information
concerning the individual initiating a report or complaint
alleging suspected instances of child abuse or neglect, except
that the State may not refuse such a disclosure where a court
orders such disclosure after such court has reviewed, in camera,
the record of the State related to the report or complaint and
has found it has reason to believe that the reporter knowingly
made a false report.
(4) Definitions
For purposes of this subsection -
(A) the term "near fatality" means an act that, as certified
by a physician, places the child in serious or critical
condition; and
(B) the term "serious bodily injury" means bodily injury
which involves substantial risk of death, extreme physical
pain, protracted and obvious disfigurement, or protracted loss
or impairment of the function of a bodily member, organ, or
mental faculty.
(c) Citizen review panels
(1) Establishment
(A) In general
Except as provided in subparagraph (B), each State to which a
grant is made under this section shall establish not less than
3 citizen review panels.
(B) Exceptions
(i) Establishment of panels by States receiving minimum
allotment
A State that receives the minimum allotment of $175,000
under section 5116b(b)(1)(A) of this title for a fiscal year
shall establish not less than 1 citizen review panel.
(ii) Designation of existing entities
A State may designate as panels for purposes of this
subsection one or more existing entities established under
State or Federal law, such as child fatality panels or foster
care review panels, if such entities have the capacity to
satisfy the requirements of paragraph (4) and the State
ensures that such entities will satisfy such requirements.
(2) Membership
Each panel established pursuant to paragraph (1) shall be
composed of volunteer members who are broadly representative of
the community in which such panel is established, including
members who have expertise in the prevention and treatment of
child abuse and neglect.
(3) Meetings
Each panel established pursuant to paragraph (1) shall meet not
less than once every 3 months.
(4) Functions
(A) In general
Each panel established pursuant to paragraph (1) shall, by
examining the policies, procedures, and practices of State and
local agencies and where appropriate, specific cases, evaluate
the extent to which State and local child protection system
agencies are effectively discharging their child protection
responsibilities in accordance with -
(i) the State plan under subsection (b) of this section;
(ii) the child protection standards set forth in subsection
(b) of this section; and
(iii) any other criteria that the panel considers important
to ensure the protection of children, including -
(I) a review of the extent to which the State and local
child protective services system is coordinated with the
foster care and adoption programs established under part E
of title IV of the Social Security Act [42 U.S.C. 670 et
seq.]; and
(II) a review of child fatalities and near fatalities (as
defined in subsection (b)(4) of this section).
(B) Confidentiality
(i) In general
The members and staff of a panel established under
paragraph (1) -
(I) shall not disclose to any person or government
official any identifying information about any specific
child protection case with respect to which the panel is
provided information; and
(II) shall not make public other information unless
authorized by State statute.
(ii) Civil sanctions
Each State that establishes a panel pursuant to paragraph
(1) shall establish civil sanctions for a violation of clause
(i).
(C) Public outreach
Each panel shall provide for public outreach and comment in
order to assess the impact of current procedures and practices
upon children and families in the community and in order to
meet its obligations under subparagraph (A).
(5) State assistance
Each State that establishes a panel pursuant to paragraph (1) -

(A) shall provide the panel access to information on cases
that the panel desires to review if such information is
necessary for the panel to carry out its functions under
paragraph (4); and
(B) shall provide the panel, upon its request, staff
assistance for the performance of the duties of the panel.
(6) Reports
Each panel established under paragraph (1) shall prepare and
make available to the State and the public, on an annual basis, a
report containing a summary of the activities of the panel and
recommendations to improve the child protection services system
at the State and local levels. Not later than 6 months after the
date on which a report is submitted by the panel to the State,
the appropriate State agency shall submit a written response to
State and local child protection systems and the citizen review
panel that describes whether or how the State will incorporate
the recommendations of such panel (where appropriate) to make
measurable progress in improving the State and local child
protective system.
(d) Annual State data reports
Each State to which a grant is made under this section shall
annually work with the Secretary to provide, to the maximum extent
practicable, a report that includes the following:
(1) The number of children who were reported to the State
during the year as abused or neglected.
(2) Of the number of children described in paragraph (1), the
number with respect to whom such reports were -
(A) substantiated;
(B) unsubstantiated; or
(C) determined to be false.
(3) Of the number of children described in paragraph (2) -
(A) the number that did not receive services during the year
under the State program funded under this section or an
equivalent State program;
(B) the number that received services during the year under
the State program funded under this section or an equivalent
State program; and
(C) the number that were removed from their families during
the year by disposition of the case.
(4) The number of families that received preventive services
from the State during the year.
(5) The number of deaths in the State during the year resulting
from child abuse or neglect.
(6) Of the number of children described in paragraph (5), the
number of such children who were in foster care.
(7) The number of child protective services workers responsible
for the intake and screening of reports filed in the previous
year.
(8) The agency response time with respect to each such report
with respect to initial investigation of reports of child abuse
or neglect.
(9) The response time with respect to the provision of services
to families and children where an allegation of abuse or neglect
has been made.
(10) The number of child protective services workers
responsible for intake, assessment, and investigation of child
abuse and neglect reports relative to the number of reports
investigated in the previous year.
(11) The number of children reunited with their families or
receiving family preservation services that, within five years,
result in subsequent substantiated reports of child abuse and
neglect, including the death of the child.
(12) The number of children for whom individuals were appointed
by the court to represent the best interests of such children and
the average number of out of court contacts between such
individuals and children.
(13) The annual report containing the summary of the activities
of the citizen review panels of the State required by subsection
(c)(6) of this section.
(14) The number of children under the care of the State child
protection system who are transferred into the custody of the
State juvenile justice system.
(e) Annual report by Secretary
Within 6 months after receiving the State reports under
subsection (d) of this section, the Secretary shall prepare a
report based on information provided by the States for the fiscal
year under such subsection and shall make the report and such
information available to the Congress and the national
clearinghouse for information relating to child abuse.