42 U.S.C. § 5106c : US Code - Section 5106C: Grants to States for programs relating to investigation and prosecution of child abuse and neglect cases

Search 42 U.S.C. § 5106c : US Code - Section 5106C: Grants to States for programs relating to investigation and prosecution of child abuse and neglect cases

(a) Grants to States
The Secretary, in consultation with the Attorney General, is
authorized to make grants to the States for the purpose of
assisting States in developing, establishing, and operating
programs designed to improve -
(1) the handling of child abuse and neglect cases, particularly
cases of child sexual abuse and exploitation, in a manner which
limits additional trauma to the child victim;
(2) the handling of cases of suspected child abuse or neglect
related fatalities;
(3) the investigation and prosecution of cases of child abuse
and neglect, particularly child sexual abuse and exploitation;
and
(4) the handling of cases involving children with disabilities
or serious health-related problems who are victims of abuse or
neglect.
(b) Eligibility requirements
In order for a State to qualify for assistance under this
section, such State shall -
(1) fulfill the requirements of section 5106a(b) (!1) of this
title;
(2) establish a task force as provided in subsection (c) of
this section;
(3) fulfill the requirements of subsection (d) of this section;
(4) submit annually an application to the Secretary at such
time and containing such information and assurances as the
Secretary considers necessary, including an assurance that the
State will -
(A) make such reports to the Secretary as may reasonably be
required; and
(B) maintain and provide access to records relating to
activities under subsections (a) and (b) of this section; and
(5) submit annually to the Secretary a report on the manner in
which assistance received under this program was expended
throughout the State, with particular attention focused on the
areas described in paragraphs (1) through (3) of subsection (a)
of this section.
(c) State task forces
(1) General rule
Except as provided in paragraph (2), a State requesting
assistance under this section shall establish or designate, and
maintain, a State multidisciplinary task force on children's
justice (hereinafter referred to as "State task force") composed
of professionals with knowledge and experience relating to the
criminal justice system and issues of child physical abuse, child
neglect, child sexual abuse and exploitation, and child
maltreatment related fatalities. The State task force shall
include -
(A) individuals representing the law enforcement community;
(B) judges and attorneys involved in both civil and criminal
court proceedings related to child abuse and neglect (including
individuals involved with the defense as well as the
prosecution of such cases);
(C) child advocates, including both attorneys for children
and, where such programs are in operation, court appointed
special advocates;
(D) health and mental health professionals;
(E) individuals representing child protective service
agencies;
(F) individuals experienced in working with children with
disabilities;
(G) parents; and
(H) representatives of parents' groups.
(2) Existing task force
As determined by the Secretary, a State commission or task
force established after January 1, 1983, with substantially
comparable membership and functions, may be considered the State
task force for purposes of this subsection.
(d) State task force study
Before a State receives assistance under this section, and at
three year intervals thereafter, the State task force shall
comprehensively -
(1) review and evaluate State investigative, administrative and
both civil and criminal judicial handling of cases of child abuse
and neglect, particularly child sexual abuse and exploitation, as
well as cases involving suspected child maltreatment related
fatalities and cases involving a potential combination of
jurisdictions, such as interstate, Federal-State, and State-
Tribal; and
(2) make policy and training recommendations in each of the
categories described in subsection (e) of this section.
The task force may make such other comments and recommendations as
are considered relevant and useful.
(e) Adoption of State task force recommendations
(1) General rule
Subject to the provisions of paragraph (2), before a State
receives assistance under this section, a State shall adopt
recommendations of the State task force in each of the following
categories -
(A) investigative, administrative, and judicial handling of
cases of child abuse and neglect, particularly child sexual
abuse and exploitation, as well as cases involving suspected
child maltreatment related fatalities and cases involving a
potential combination of jurisdictions, such as interstate,
Federal-State, and State-Tribal, in a manner which reduces the
additional trauma to the child victim and the victim's family
and which also ensures procedural fairness to the accused;
(B) experimental, model and demonstration programs for
testing innovative approaches and techniques which may improve
the prompt and successful resolution of civil and criminal
court proceedings or enhance the effectiveness of judicial and
administrative action in child abuse and neglect cases,
particularly child sexual abuse and exploitation cases,
including the enhancement of performance of court-appointed
attorneys and guardians ad litem for children, and which also
ensure procedural fairness to the accused; and
(C) reform of State laws, ordinances, regulations, protocols
and procedures to provide comprehensive protection for children
from abuse, particularly child sexual abuse and exploitation,
while ensuring fairness to all affected persons.
(2) Exemption
As determined by the Secretary, a State shall be considered to
be in fulfillment of the requirements of this subsection if -
(A) the State adopts an alternative to the recommendations of
the State task force, which carries out the purpose of this
section, in each of the categories under paragraph (1) for
which the State task force's recommendations are not adopted;
or
(B) the State is making substantial progress toward adopting
recommendations of the State task force or a comparable
alternative to such recommendations.
(f) Funds available
For grants under this section, the Secretary shall use the amount
authorized by section 10603a of this title.