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As an aspiring elementary counselor, it is important to understand the legal and ethical principles that school counselors must abide by set forth by the law. The topic that I chose is a school counselor's responsibility in reporting suspected child abuse and neglect. I chose this topic because the safety and success of all students should be an educator's number one priority. By learning about the expectations of what to do when a school counselor suspects abuse or neglect in a child's life, we can ensure the safety and well-being of vulnerable children.

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This topic is important in my field because school counselors are typically the adults on campus that students will confide in, or express their feelings to. School counselors have a legal obligation to report any abuse they suspect is happening. Reporting the suspected abuse early can trigger timely interventions and prevent further abuse or neglect from happening to a child. According to the CDC, "1 in 4 girls and 1 in 13 boys are estimated to experience child abuse" (National Statistics on Child Abuse, 2023). In the year 2022, more than 550,000 children were known by the U.S. authorities of being abused (National Statistics on Child Abuse, 2023).

Emerging issues with child abuse and neglect in today's society come from the pandemic and post-pandemic era. Statistics showed there were fewer reports made when children were not under the watchful eye of teachers and counselors. Reported numbers of child abuse and neglect were significantly lower. This has raised the concern that although fewer reports were made, the incidents are continuing to happen at a rapid rate. School counselors can be a big piece in helping a child out of a neglectful situation.

References

National statistics on child abuse. (2023). National Children’s Alliance. https://www.nationalchildrensalliance.org/media-room/national-statistics-on-child-abuse/

The State of Child Abuse in 2022. (2022). Mandated Reporter. https://mandatedreporter.com/blog/the-state-of-child-abuse-in-2022/

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The American School Counselor Association emphasizes the important role school counselors play in reporting child abuse and neglect. The ASCA states that school counselors should be knowledgeable of local, state, and federal laws. The American School Counselor Association (2022) states that not only should school counselors be able to recognize the signs of child abuse and neglect, but they must also report any suspected case of child abuse or neglect to the proper authorities. Even if a school counselor is not 100% sure that abuse and neglect are going on, they are required to report any suspicions (ASCA, 2022). School counselors are also obligated to keep the information private from those who do not need to know and provide resources for students who have experienced abuse and neglect.

References

American School Counselor Association. (2016). ASCA Ethical Standards for School Counselors. https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf

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In the article “Pivotal moment’ as violence against children reaches unprecedented levels worldwide”, reports were made that there is an alarming increase in violence against children globally, according to a report by the UN Special Representative on Violence Against Children. In the article, a reporter named Najat Maalla M’Jid said "violence against children has reached unprecedented levels" (M’Jid, 2024).

The article goes on to state that billions of children are vulnerable to physical, sexual, and psychological abuse (“Pivotal Moment” as Violence against Children Reaches Unprecedented Levels Worldwide, 2024)

Contributing Factors to Abuse:

Poverty

Online Exploitation

Conflict Zones

The article also states the impact of this violence. M’Jid,(2024) went on to say "It has a long-lasting impact on children’s mental health. We see increased rates of suicide, behavioral disorders, eating disorder, drug addiction, despair, and post-traumatic stress disorder” (M'Jid, 2024).

References

“Pivotal moment” as violence against children reaches unprecedented levels worldwide. (2024, October 10). UN News. https://news.un.org/en/story/2024/10/1155566

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"Millions of children worldwide are victims of physical, sexual, and psychological violence both online and offline, including child labor, child marriage, female genital mutilation, gender-based violence, trafficking, bullying, and cyberbullying, among many others," she said.

According to the report many more children are vulnerable to violence due to what it calls "multidimensional poverty."

Half of the world's children, around one billion, are identified as "at high risk" of being affected by the climate crisis.

One in six young people worldwide are also growing up in conflict zones.

"This is a pivotal moment. Violence against children has reached unprecedented levels, caused by multifaceted and interconnected crises,", Ms. M'Jid said.

The vulnerability of children to violence is a worldwide issue, transcending geographical and socioeconomic boundaries.

"The problem currently is that no country is immune, no child is immune. In all countries, we are finding many forms of violence," Ms. M'Jid stated, adding that "you can have the same child who is victim of various forms of violence in various settings."

According to the report, nearly 400 million children under five regularly endure psychological aggression and physical punishment at home.

Figures released by the UN Children's Fund, UNICEF, ahead of International Day of the Girl Child on 11 October, estimate that more than 370 million girls and women alive today, or one in eight, experienced rape or sexual assault before the age of 18.

When 'non-contact' forms of sexual violence, such as online or verbal abuse are included, the number of girls and women affected rises to 650 million, according to UNICEF.

Online exploitation

Ms. M'Jid expressed particular concern about online child sexual exploitation.

"The issue is really big", warned Ms. M'Jid, with "the increase of internet connectivity among children and a rise in online predators".

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'Pivotal moment' as violence against children reaches unprecedented levels worldwide

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Violence against children remains a pervasive global issue, with up to a billion children vulnerable to various forms of abuse, according to United Nations Special Representative of the Secretary-General on Violence against Children.

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In this article from the Muncie Journal (2024), the emphasis is on Child Abuse Awareness Month. A prosecuting attorney, Eric Hoffman starts the article by bringing up a well-known children's book, A Child Called It. This book is about a child who endures abuse and neglect from his parents. The article also lists child abuse and neglect statistics.

It is estimated that 1,990 children died of abuse and neglect at a rate of 2.73 per 100,000 children in the population (Hoffman 2024).

There are different forms of abuse including psychological, physical, and sexual abuse.

Shaken baby syndrome and unsafe sleep patterns are also a part of abuse and neglect.

The Purple Crying Program is a prevention program that helps educate caregivers of infants.

ABC's of Safe Sleep Initiative promotes safe sleep practices.

Communities must work with families, healthcare providers, schools, and law enforcement when it comes to stopping and reporting child abuse and neglect.

References

Rhodes, M. (2024, April 18). We Must Work Together to Prevent Child Abuse and Neglect — Muncie Journal. Muncie Journal. https://www.munciejournal.com/2024/04/we-must-work-together-to-prevent-child-abuse-and-neglect/

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April is child abuse prevention month By Eric M. Hoffman, Prosecuting Attorney-
MUNCIE, IN-In his New York Times best seller, A Child Called It, author Dave Peltzer said that "childhood should be carefree, playing in the sun; not living a nightmare in the darkness of the soul."Unfortunately, we know all too well that doesn't always happen. A report issued by the U.S. Department of Health and Human Services noted that in the Federal Fiscal Year 2022 in the United States, approximately 559,000 children became victims of child abuse. This is a national rate of 7.7 victims per 1,000 children in the population. To place that number into context, that is enough children to fill nearly every seat in the 6 largest NCAA football stadiums. While that number is daunting, it does show a slight decrease in victimization since Federal Fiscal Year 2019.

According to the same report, an estimated 1,990 children died of abuse and neglect at a rate of 2.73 per 100,000 children in the population. That averages out to roughly 5 children each and every day. This is an increase from 2019. These figures are staggering, gut-wrenching, and unacceptable. In very recent history, our own community has been rocked by tragic and senseless child fatalities. Those include, but are not limited to, Lauren McConniel, Marie Pierre, and Jensen Wallace. Our community will never forget each of you.

In 1983, President Ronald Reagan declared April Child Abuse Prevention Month. Every year since, the nation has come together to bring awareness to the child abuse epidemic plaguing our country. This year, President Biden issued a Proclamation that states in part "There is no greater sin than the abuse of power, especially when that abuse is directed at a child. During National Child Abuse Prevention Month, we stand together to prevent abuse and neglect, support brave survivors, and build strong communities and families where every child can grow up happy and safe. Every child in America deserves to grow up safe, supported, and surrounded by love. This month, we remember that we all play a part in making that real."

Child Abuse Prevention Month provides an opportunity each year to learn about the signs of child abuse and how to prevent it. Communities around the nation come together to support families and children by reinforcing strategies that are working. In order to adequately protect children and prevent abuse, we must acknowledge that child abuse and neglect come in manyforms. Child abuse refers to affirmative acts by a perpetrator which include words or actions that cause physical, sexual or psychological harm, potential harm, or threat of harm to a child. Child neglect refers to acts of omission, meaning the failure to provide for a child's basic physical, emotional or educational needs or to protect a child from harm or potential harm.

While most forms of child abuse and neglect are readily identifiable and acknowledged, there are subtle types that may go unnoticed. This includes Abusive Head Trauma (otherwise known as Shaken Baby Syndrome), bed-sharing and other unsafe sleep practices with infants.There are effective prevention programs that prevent these forms of abuse and neglect. For example, the PURPLE Crying program is an evidence-based Shaken Baby Syndrome prevention program available since 2007. The program approaches Shaken Baby Syndrome prevention by helping parents and caregivers understand the frustrating features of crying in normal, healthy infants that can lead to shaking or abuse.

The program provides the opportunity for parents to learn about the crying characteristics from over 50 years of research on normal infant crying conducted by scientists worldwide. Make no mistake about it, shaking a child can irreparably harm a child. Approximately 25% of children who have been shaken die from their injuries. Among the survivors, approximately 60% are left with neurologic effects ranging from mild learning disorders to persistent vegetative states. Additionally the ABC's ofthe safe sleep initiative seeks to reduce infant fatalities due to unsafe sleep practices. Infants and babies should always sleep Alone, on their Backs, and in a safe C rib. Sleeping with the infant in an adult bed can result in the fatal smothering of an infant. Contrary to the belief of some, sleeping in an adult bed with your infant or, engaging in other unsafe sleep practices is, by definition, child neglect. Despite the wide spread availability of these prevention programs, locally we continue to see these types of child abuse and neglect.

As someone who has personally prosecuted many child abuse and child fatality cases, I firmly believe the vast majority of child abuse and neglect cases result from conditions that can be prevented through community programs, support, and intervention. Child abuse prevention is possible through partnerships among families, social service and healthcare organizations, schools, religious and civic groups, law enforcement agencies, and the entire community devoted to the safety of our children. In every single child fatality case that I have prosecuted, I am convinced beyond all doubt that the deaths were preventable. How you may ask? In every one of those cases there was at least one person who knew what was going on, yet did nothing. Had those persons reported, those innocent children would be alive today.

April is an opportunity to remind the public that each and every one of us have an absolute legal duty to immediately report suspected child abuse or neglect. Failure to do so, may subject you to arrest, prosecution, and up to 180 days imprisonment in jail. I challenge and encourage everyone in our community to join me and stand up for children- we must protect those who cannot protect themselves.

If you suspect that a child is or has been the victim of child abuse or neglect you must immediately call the child abuse hotline at 1-800-800-5556, or make a report through your local law enforcement agency. Pick up the phone, make a report. Not only are you legally required to do so, but you just might save a child's life.

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We Must Work Together to Prevent Child Abuse and Neglect - Muncie Journal

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April is child abuse prevention month By Eric M. Hoffman, Prosecuting Attorney- MUNCIE, IN-In his New York Times best seller, A Child Called It, author Dave Peltzer said that "childhood should be carefree, playing in the sun; not living a nightmare in the darkness of the soul."Unfortunately, we know all too well that doesn't always happen.

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The Child Abuse Prevention and Treatment Act is a federal law that establishes the standards for state child abuse and neglect reporting systems. The CAPTA law also provides funding for provisions and procedures for referrals of children who are experiencing child abuse. According to Casey Family Programs (2019) CAPTA “provides grants to states to support the prevention, assessment, investigation, prosecution, and treatment of child abuse and neglect” (Casey Family Programs, 2019).

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The Texas Family Code are Texas statutes that outline laws regarding reporting child abuse in Texas. Section 261.101(a) states that any individual who has a reasonable cause to believe that a child is experiencing abuse or neglect should immediately make a report (Tex. Fam. Code. § 261.101). A person should make a report no later than 48 hours after the suspected neglect or abuse. Reports of suspected child abuse and neglect can be made to the Texas Department of Family and Protective Services. There is an abuse hotline number (1-800-252-5400), or it can be reported online at txabusehotline.org.

The Texas Family Code also includes state statutes regarding the confidentiality of the individual reporting the child abuse and the suspected victim of child abuse. Section 261. 201 of the Texas Family Code outlines that the report made of the abuse and the reporter may only be disclosed if applicable under federal or state law. It also states that files, reports, records, communications, audiotapes, videotapes, and working papers may also only be disclosed if applicable under federal or state law (Tex. Fam. Code.§ 261.201).

References

Texas Family Code § 261.101

FAMILY CODE CHAPTER 261. INVESTIGATION OF REPORT OF CHILD ABUSE OR NEGLECT. (2001). Texas.gov. https://statutes.capitol.texas.gov/Docs/FA/htm/FA.261.htm

Welcome. (n.d.). Www.txabusehotline.org. https://www.txabusehotline.org/Login/Default.aspx

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The Texas Family Code are Texas statutes that include laws regarding individuals who fail to report reasonable suspicion of child abuse. Section 261.109 of the Texas Family Code states “A person commits an offense if the person is required to make a report under Section 261.101(a) and knowingly fails to make a report as provided in this chapter” (Tex. Fam. Code. § 261.109).

If a person fails to make a report when there is suspicion of child abuse and neglect, Section 261.109 of the Texas Family Code states it is a Class A Misdemeanor.

References

FAMILY CODE CHAPTER 261. INVESTIGATION OF REPORT OF CHILD ABUSE OR NEGLECT. (2001). Texas.gov. https://statutes.capitol.texas.gov/Docs/FA/htm/FA.261.htm

Penalties for Failure to Report and False Reporting of Child Abuse and Neglect - Texas | Child Welfare Information Gateway. (n.d.). Www.childwelfare.gov. https://www.childwelfare.gov/resources/penalties-failure-report-and-false-reporting-child-abuse-and-neglect-texas/

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FAMILY CODE CHAPTER 261. INVESTIGATION OF REPORT OF CHILD ABUSE OR NEGLECT

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FAMILY CODE TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP SUBTITLE E. PROTECTION OF THE CHILD CHAPTER 261. INVESTIGATION OF REPORT OF CHILD ABUSE OR NEGLECT SUBCHAPTER A. GENERAL PROVISIONS Sec. 261.001. DEFINITIONS.

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The Victims of Child Abuse Act of 1990 (VOCAA) is a federal law that was made to enhance the prosecution, investigation, and prevention of child abuse while supporting the needs of victims. The VOCAA provides funding for the development of multidisciplinary teams to investigate and prosecute child abuse cases. The organizations that do this include child protective services, law enforcement, healthcare professionals, and advocates to ensure that each team has a coordinated response to abuse​ that may be happening. Grants are given to child advocacy centers that help maintain them. The centers provide child-friendly facilities that host counseling, interviews, and support for victims.

References

Levine, M. (1990, May 17). H.R.4688 - 101st Congress (1989-1990): Victims of Child Abuse Act of 1990. Www.congress.gov. https://www.congress.gov/bill/101st-congress/house-bill/4688

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SUBCHAPTER I-IMPROVING INVESTIGATION AND PROSECUTION OF CHILD ABUSE CASES

SUBCHAPTER II-COURT-APPOINTED SPECIAL ADVOCATE PROGRAM

SUBCHAPTER III-CHILD ABUSE TRAINING PROGRAMS FOR JUDICIAL PERSONNEL AND PRACTITIONERS

SUBCHAPTER IV-REPORTING REQUIREMENTS

SUBCHAPTER V-CHILD CARE WORKER EMPLOYEE BACKGROUND CHECKS

SUBCHAPTER I-IMPROVING INVESTIGATION AND PROSECUTION OF CHILD ABUSE CASES

§20301. Findings

The Congress finds that-

(1) over 3,400,000 reports of suspected child abuse and neglect are made each year;

(2) the investigation and prosecution of child abuse cases is extremely complex, involving numerous agencies and dozens of personnel;

(3) a key to a child victim healing from abuse is access to supportive and healthy families and communities;

(4) traditionally, community agencies and professionals have different roles in the prevention, investigation, and intervention process;

(5) in such cases, too often the system does not pay sufficient attention to the needs and welfare of the child victim, aggravating the trauma that the child victim has already experienced;

(6) there is a national need to enhance coordination among community agencies and professionals involved in the intervention system;

(7) multidisciplinary child abuse investigation and prosecution programs have been developed that increase the reporting of child abuse cases, reduce the trauma to the child victim, improve positive outcomes for the child, and increase the successful prosecution of child abuse offenders;

(8) such programs have proven effective, and with targeted Federal assistance, have expanded dramatically throughout the United States; and

(9) State chapters of children's advocacy center networks are needed to-

(A) assist local communities in coordinating their multidisciplinary child abuse investigation, prosecution, and intervention services; and

(B) provide oversight of, and training and technical assistance in, the effective delivery of evidence-informed programming, and operations of centers.

Editorial Notes

Codification

Section was formerly classified to section 13001 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments

2023-Par. (1). Pub. L. 117-354, §3(1)(A), substituted "3,400,000" for "3,300,000" and struck out ", and drug abuse is associated with a significant portion of these" after "year".

Pars. (3) to (9). Pub. L. 117-354, §3(1)(B), (C), added par. (3) and redesignated former pars. (3) to (8) as (4) to (9), respectively.

Par. (9)(B). Pub. L. 117-354, §3(1)(D), inserted ", and operations of centers" after "programming".

2019-Par. (1). Pub. L. 115-424, §2(a)(1), substituted "3,300,000" for "2,000,000".

Par. (6). Pub. L. 115-424, §2(a)(2), inserted "improve positive outcomes for the child," before "and increase" and substituted semicolon for "; and" at end.

Par. (7). Pub. L. 115-424, §2(a)(3), substituted "have expanded dramatically throughout the United States; and" for "could be duplicated in many jurisdictions throughout the country."

Par. (8). Pub. L. 115-424, §2(a)(4), added par. (8).

1992-Pars. (3) to (7). Pub. L. 102-586 added pars. (3) and (5) and redesignated former pars. (3), (4), and (5) as (4), (6), and (7), respectively.

§20302. Definitions

For purposes of this subchapter-

(1) the term "Administrator" means the agency head designated under section 11111(b) of this title;

(2) the term "applicant" means a child protective service, law enforcement, legal, medical and mental health agency or other agency that responds to child abuse cases;

(3) the term "census region" means 1 of the 4 census regions (northeast, south, midwest, and west) that are designated as census regions by the Bureau of the Census as of November 4, 1992;

(4) the term "child abuse" means physical or sexual abuse or neglect of a child, including human trafficking and the production of child pornography;

(5) the term "multidisciplinary response to child abuse" means a coordinated team response to child abuse that is based on mutually agreed upon procedures among the community agencies and professionals involved in the intervention, prevention, prosecution, and investigation systems that best meets the needs of child victims and their nonoffending family members;

(6) the term "nonoffending family member" means a member of the family of a victim of child abuse other than a member who has been convicted or accused of committing an act of child abuse;

(7) the term "regional children's advocacy program" means the children's advocacy program established under section 20303(a) of this title; and

(8) the term "State chapter" means a membership organization that provides technical assistance, training, coordination, grant administration, oversight, and organizational capacity support to local children's advocacy centers, multidisciplinary teams, and communities working to implement a multidisciplinary response to child abuse in the provision of evidence-informed initiatives, including mental health counseling, forensic interviewing, multidisciplinary team coordination, and victim advocacy.

( Pub. L. 101-647, title II, §212, as added Pub. L. 102-586, §6(b)(2), Nov. 4, 1992, 106 Stat. 5029; amended Pub. L. 114-22, title I, §104(1), May 29, 2015, 129 Stat. 236; Pub. L. 115-424, §2(b), (h)(1), Jan. 7, 2019, 132 Stat. 5465, 5470; Pub. L. 117-354, §3(2), Jan. 5, 2023, 136 Stat. 6274.)

Editorial Notes

Codification

Section was formerly classified to section 13001a of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Prior Provisions

A prior section 212 of Pub. L. 101-647 was renumbered section 214 and is classified to section 20304 of this title.

Amendments

2023-Par. (5). Pub. L. 117-354, §3(2)(A), which directed insertion of "coordinated team" before "response", was executed by making the insertion before "response" the second time appearing, to reflect the probable intent of Congress.

Par. (8). Pub. L. 117-354, §3(2)(B), inserted "organizational capacity" before "support".

2019-Par. (1). Pub. L. 115-424, §2(h)(1), made technical amendment to reference in original act which appears in text as reference to section 11111(b) of this title.

Pars. (3) to (9). Pub. L. 115-424, §2(b), redesignated pars. (4), (5), and (7) to (9) as (3) to (7), respectively, added par. (8), and struck out former pars. (3) and (6) which defined the terms "board" and "Director", respectively.

2015-Par. (5). Pub. L. 114-22 inserted ", including human trafficking and the production of child pornography" before semicolon at end.

§20303. Regional children's advocacy centers

(a) Establishment and maintenance of regional children's advocacy program

The Administrator shall establish and maintain a children's advocacy program to-

(1) focus attention on child victims by assisting communities in developing child-focused, community-oriented, facility-based programs designed to improve the resources available to children and families;

(2) enhance coordination among community agencies and professionals involved in the intervention, prevention, prosecution, and investigation systems that respond to child abuse cases;

(3) train physicians and other health care and mental health care professionals, law enforcement officers, child protective service workers, forensic interviewers, prosecutors, victim advocates, multidisciplinary team leadership, and children's advocacy center staff, in the multidisciplinary approach to child abuse so that trained personnel will be available to provide support to community agencies and professionals involved in the intervention, prevention, prosecution, and investigation systems that respond to child abuse cases;

(4) provide technical assistance, training, coordination, and organizational capacity support for State chapters; and

(5) collaborate with State chapters to provide training, technical assistance, coordination, organizational capacity support, and oversight of-

(A) local children's advocacy centers; and

(B) communities that want to develop local children's advocacy centers.

(b) Activities of regional children's advocacy program

(1) Administrator

The Administrator shall-

(A) establish and maintain regional children's advocacy program centers; and

(B) fund existing regional centers with expertise in multidisciplinary team investigation, trauma-informed interventions, and evidence-informed treatment,

for the purpose of enabling grant recipients to provide information, services, training and technical assistance to aid communities in establishing and maintaining multidisciplinary programs that respond to child abuse.

(2) Grant recipients

A grant recipient under this section shall-

(A) assist communities, local children's advocacy centers, multidisciplinary teams, and State chapters-

(i) in developing and expanding a comprehensive, multidisciplinary response to child abuse that is designed to meet the needs of child victims and their families;

(ii) in promoting the effective delivery of the evidence-informed Children's Advocacy Center Model and the multidisciplinary response to child abuse, including best practices in-

(I) organizational support and development;

(II) programmatic evaluation; and

(III) financial oversight of Federal funding;

(iii) in establishing child-friendly facilities for the investigation and intervention in child abuse;

(iv) in preventing or reducing trauma to children caused by duplicative contacts with community professionals;

(v) in providing families with needed services and assisting them in regaining maximum functioning;

(vi) in maintaining open communication and case coordination among community professionals and agencies involved in child protection efforts;

(vii) in coordinating and tracking investigative, preventive, prosecutorial, and treatment efforts;

(viii) in obtaining information useful for criminal and civil proceedings;

(ix) in holding offenders accountable through improved prosecution of child abuse cases;

(x) in enhancing professional skills necessary to effectively respond to cases of child abuse through training; and

(xi) in enhancing community understanding of child abuse; and

(B) provide training and technical assistance to local children's advocacy centers, interested communities, and chapters in its census region that are grant recipients under section 20304 of this title.

(c) Operation of regional children's advocacy program

(1) Solicitation of proposals

Not later than 1 year after November 4, 1992, the Administrator shall solicit proposals for assistance under this section.

(2) Minimum qualifications

In order for a proposal to be selected, the Administrator may require an applicant to have in existence, at the time the proposal is submitted, 1 or more of the following:

(A) A proven record in conducting activities of the kinds described in subsection (c).

(B) A facility where children who are victims of sexual or physical abuse and their nonoffending family members can go for the purpose of investigation and intervention in child abuse.

(C) Multidisciplinary staff experienced in providing evidence-informed services for children and families.

(D) Experience in serving as a center for training and education and as a resource facility.

(E) National expertise in providing technical assistance to communities with respect to the multidisciplinary response to child abuse.

(3) Proposal requirements

(A) In general

A proposal submitted in response to the solicitation under paragraph (1) shall-

(i) include a single or multiyear management plan that outlines how the applicant will provide information, services, and technical assistance to communities and chapters so that communities can establish and maintain multidisciplinary programs that respond to child abuse and chapters can establish and maintain children's advocacy centers in their State;

(ii) demonstrate the ability of the applicant to operate successfully a children's advocacy center or provide training to allow others to do so; and

(iii) state the annual cost of the proposal and a breakdown of those costs.

(B) Content of management plan

A management plan described in paragraph (3)(A) shall-

(i) outline the basic activities expected to be performed;

(ii) describe the entities that will conduct the basic activities;

(iii) establish the period of time over which the basic activities will take place; and

(iv) define the overall program management and direction by-

(I) identifying managerial, organizational, and administrative procedures and responsibilities;

(II) demonstrating how implementation and monitoring of the progress of the children's advocacy program after receipt of funding will be achieved; and

(III) providing sufficient rationale to support the costs of the plan.

(4) Selection of proposals

(A) Competitive basis

Proposals shall be selected under this section on a competitive basis.

(B) Criteria

The Administrator shall select proposals for funding that-

(i) best result in developing and establishing multidisciplinary programs that respond to child abuse by assisting, training, and teaching community agencies and professionals called upon to respond to child abuse cases;

(ii) assist in resolving problems that may occur during the development, operation, and implementation of a multidisciplinary program that responds to child abuse;

(iii) to the greatest extent possible and subject to available appropriations, ensure that at least 1 applicant is selected from each of the 4 census regions of the country;

(iv) best result in supporting chapters in each State; and

(v) otherwise best carry out the purposes of this section.

(5) Funding of program

From amounts made available in separate appropriation Acts, the Administrator shall provide to each grant recipient the financial and technical assistance and other incentives that are necessary and appropriate to carry out this section.

(6) Coordination of effort

In order to carry out activities that are in the best interests of abused and neglected children, a grant recipient shall consult with other grant recipients under this Act on a regular basis to exchange ideas, share information, and review children's advocacy program activities.

(d) Review

(1) Evaluation of regional children's advocacy program activities

The Administrator shall regularly monitor and evaluate the activities of grant recipients and shall determine whether each grant recipient has complied with the original proposal and any modifications.

(2) Annual report

A grant recipient shall provide an annual report to the Administrator that-

(A) describes the progress made in satisfying the purpose of the children's advocacy program; and

(B) states whether changes are needed and are being made to carry out the purpose of the children's advocacy program.

(3) Discontinuation of funding

Upon discontinuation of funding of a grant recipient under this section, the Administrator shall solicit new proposals in accordance with subsection (c).

( Pub. L. 101-647, title II, §213, as added Pub. L. 102-586, §6(b)(2), Nov. 4, 1992, 106 Stat. 5030; amended Pub. L. 108-21, title III, §381(a), Apr. 30, 2003, 117 Stat. 667; Pub. L. 115-424, §2(c), Jan. 7, 2019, 132 Stat. 5466; Pub. L. 117-354, §3(3), Jan. 5, 2023, 136 Stat. 6274.)

Editorial Notes

References in Text

This Act, referred to in subsec. (c)(6), probably means the Victims of Child Abuse Act of 1990, title II of Pub. L. 101-647, Nov. 29, 1990, 104 Stat. 4792, which is classified principally to this chapter. For complete classification of title II to the Code, see Short Title of 1990 Act note set out under section 10101 of this title and Tables.

Codification

Section was formerly classified to section 13001b of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Prior Provisions

A prior section 213 of Pub. L. 101-647 was renumbered section 214A and is classified to section 20305 of this title.

Amendments

2023-Subsec. (a). Pub. L. 117-354, §3(3)(A)(i), (ii), in heading, inserted "and maintenance" after "Establishment" and, in introductory provisions, struck out ", in coordination with the Director of the Office of Victims of Crime," after "Administrator" and inserted "and maintain" after "establish".

Subsec. (a)(3). Pub. L. 117-354, §3(3)(A)(iii), substituted "victim advocates, multidisciplinary team leadership, and children's advocacy center staff" for "and victim advocates" and struck out "and" at end.

Subsec. (a)(4). Pub. L. 117-354, §3(3)(A)(v), added par. (4). Former par. (4) redesignated (5).

Subsec. (a)(5). Pub. L. 117-354, §3(3)(A)(iv), (vi), redesignated par. (4) as (5) and substituted "organizational capacity support, and oversight of" for "and oversight to" in introductory provisions.

Subsec. (b)(1). Pub. L. 117-354, §3(3)(B)(i)(II), substituted "training and technical assistance to aid communities in establishing and maintaining" for "and technical assistance to aid communities in establishing" in concluding provisions.

Subsec. (b)(1)(A). Pub. L. 117-354, §3(3)(B)(i)(I), inserted "and maintain" after "establish".

Subsec. (b)(2)(A)(ii). Pub. L. 117-354, §3(3)(B)(ii)(I)(aa), inserted "Center" after "Advocacy" in introductory provisions.

Subsec. (b)(2)(A)(iii). Pub. L. 117-354, §3(3)(B)(ii)(I)(bb), substituted "and intervention in child" for "of, assessment of, and intervention in".

Subsec. (b)(2)(B). Pub. L. 117-354, §3(3)(B)(ii)(II), substituted "centers, interested communities, and chapters" for "centers and interested communities".

Subsec. (c)(2)(B). Pub. L. 117-354, §3(3)(C)(i)(I), substituted "investigation and intervention in child abuse" for "evaluation, intervention, evidence gathering, and counseling".

Subsec. (c)(2)(E). Pub. L. 117-354, §3(3)(C)(i)(II), substituted "multidisciplinary response to child abuse" for "judicial handling of child abuse and neglect".

Subsec. (c)(3)(A)(i). Pub. L. 117-354, §3(3)(C)(ii), substituted "and chapters so that communities can establish and maintain multidisciplinary programs that respond to child abuse and chapters can establish and maintain children's advocacy centers in their State" for "so that communities can establish multidisciplinary programs that respond to child abuse".

Subsec. (c)(4)(B)(iv), (v). Pub. L. 117-354, §3(3)(C)(iii), added cl. (iv) and redesignated former cl. (iv) as (v).

Subsec. (c)(6). Pub. L. 117-354, §3(3)(C)(iv), inserted "under this Act" after "recipients".

2019-Subsec. (a). Pub. L. 115-424, §2(c)(1)(A), struck out "with the Director and" after "coordination" in introductory provisions.

Subsec. (a)(2) to (4). Pub. L. 115-424, §2(c)(1)(B)-(F), redesignated pars. (3) and (4) as (2) and (3), respectively, in par. (3) as redesignated, inserted ", law enforcement officers, child protective service workers, forensic interviewers, prosecutors, and victim advocates," after "health care professionals" and struck out "medical" before "personnel" and "support", added par. (4), and struck out former par. (2) which read as follows; "provide support for nonoffending family members;".

Subsec. (b)(1). Pub. L. 115-424, §2(c)(2)(A)(i), struck out ", in coordination with the Director," after "Administrator" in introductory provisions.

Subsec. (b)(1)(B). Pub. L. 115-424, §2(c)(2)(A)(iii), substituted "multidisciplinary team investigation, trauma-informed interventions, and evidence-informed treatment," for "the prevention, judicial handling, and treatment of child abuse and neglect; and".

Subsec. (b)(1)(C). Pub. L. 115-424, §2(c)(2)(A)(ii), (iv), struck out subpar. (C) which read as follows: "fund the establishment of freestanding facilities in multidisciplinary programs within communities that have yet to establish such facilities,".

Subsec. (b)(2)(A). Pub. L. 115-424, §2(c)(2)(B)(i)(I), substituted "communities, local children's advocacy centers, multidisciplinary teams, and State chapters" for "communities" in introductory provisions.

Subsec. (b)(2)(A)(i). Pub. L. 115-424, §2(c)(2)(B)(i)(II), inserted "and expanding" after "developing".

Subsec. (b)(2)(A)(ii). Pub. L. 115-424, §2(c)(2)(B)(i)(IV), added cl. (ii). Former cl. (ii) redesignated (iii).

Subsec. (b)(2)(A)(iii). Pub. L. 115-424, §2(c)(2)(B)(i)(III), (V), redesignated cl. (ii) as (iii) and substituted "child-friendly facilities for the investigation of, assessment of, and intervention in abuse" for "a freestanding facility where interviews of and services for abused children can be provided". Former cl. (iii) redesignated (iv).

Subsec. (b)(2)(A)(iv). Pub. L. 115-424, §2(c)(2)(B)(i)(III), (VI), redesignated cl. (iii) as (iv) and substituted "duplicative" for "multiple". Former cl. (iv) redesignated (v).

Subsec. (b)(2)(A)(v) to (xi). Pub. L. 115-424, §2(c)(2)(B)(i)(III), redesignated cls. (iv) to (x) as (v) to (xi), respectively.

Subsec. (b)(2)(B). Pub. L. 115-424, §2(c)(2)(B)(ii), inserted "and interested communities" after "advocacy centers".

Subsec. (c)(2)(C). Pub. L. 115-424, §2(c)(3)(A), substituted "evidence-informed services for" for "remedial counseling to".

Subsec. (c)(3)(A)(ii). Pub. L. 115-424, §2(c)(3)(B), substituted "children's advocacy center" for "multidisciplinary child abuse program".

Subsec. (c)(4)(B). Pub. L. 115-424, §2(c)(3)(C)(i), struck out ", in coordination with the Director," after "Administrator" in introductory provisions.

Subsec. (c)(4)(B)(iii) to (v). Pub. L. 115-424, §2(c)(3)(C)(ii), (iii), redesignated cls. (iv) and (v) as (iii) and (iv), respectively, and struck out former cl. (iii) which read as follows: "carry out the objectives developed by the board under subsection (e)(2)(A);".

Subsec. (d)(1). Pub. L. 115-424, §2(c)(4)(A), struck out ", in coordination with the Director," after "Administrator".

Subsec. (d)(2). Pub. L. 115-424, §2(c)(4)(B), struck out "and the Director" after "Administrator" in intoductory provisions.

Subsec. (d)(3). Pub. L. 115-424, §2(c)(4)(C), struck out subpar. (B) designation and heading before "Upon discontinuation" and struck out subpar. (A). Prior to amendment, text of subpar. (A) read as follows: "If a grant recipient under this section substantially fails in the implementation of the program activities, the Administrator shall not discontinue funding until reasonable notice and an opportunity for reconsideration is given."

Subsecs. (e), (f). Pub. L. 115-424, §2(c)(5), struck out subsecs. (e) and (f) which related to the children's advocacy advisory board and annual report on the progress of regional children's advocacy program activities, respectively.

2003-Subsec. (c)(4). Pub. L. 108-21, §381(a)(1), struck out "and" at end of cl. (ii) of subpar. (B), substituted "board" for "Board" in cl. (iii) of subpar. (B), and redesignated subpars. (C) and (D) as cls. (iv) and (v), respectively, of subpar. (B).

Subsec. (e)(1)(B)(ii), (2)(A), (3). Pub. L. 108-21, §381(a)(2), substituted "board" for "Board".

Statutory Notes and Related Subsidiaries

Termination of Advisory Boards

Advisory boards established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a board established by the President or an officer of the Federal Government, such board is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a board established by Congress, its duration is otherwise provided by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees.

§20304. Local children's advocacy centers

(a) In general

The Administrator shall make grants to-

(1) establish and maintain a network of care for child abuse victims where investigation, prosecutions, and interventions are continually occurring and coordinating activities within local children's advocacy centers and multidisciplinary teams;

(2) develop, enhance, and coordinate multidisciplinary child abuse investigations, intervention, and prosecution activities;

(3) promote the effective delivery of the evidence-based, trauma-informed Children's Advocacy Center Model and the multidisciplinary response to child abuse; and

(4) develop and disseminate practice standards for care and best practices in programmatic evaluation, and support State chapter organizational capacity and local children's advocacy center organizational capacity and operations in order to meet such practice standards and best practices.

(b) Direct services for child victims of a severe form of trafficking in persons and victims of human trafficking and child pornography

The Administrator may make grants to develop and implement specialized programs to identify and provide direct services to victims of a severe form of trafficking (as defined in section 7102(9)(A) of title 22) who were under the age of 18 at the time of the offense and victims of human trafficking and child pornography.

(c) Grant criteria

(1) The Administrator shall establish the criteria to be used in evaluating applications for grants under subsections (a) and (b) consistent with sections 11183 and 11186 of this title.

(2) In general, the grant criteria established pursuant to paragraph (1) may require that a program include any of the following elements:

(A) A written agreement between local law enforcement, child protective service, health, and other related agencies to coordinate child abuse investigation, prosecution, treatment, and counseling services.

(B) An appropriate site for referring, interviewing, treating, and counseling child victims of sexual and serious physical abuse and neglect and nonoffending family members (referred to as a "children's advocacy center").

(C) Referral of all child abuse cases that meet designated referral criteria to the children's advocacy center not later than 24 hours to the greatest extent practicable, but in no case later than 72 hours, after notification of an incident of abuse.

(D) Forensic interviews of child victims by trained personnel that are used by law enforcement, health, and child protective service agencies to interview suspected abuse victims about allegations of abuse.

(E) Provision of needed follow up services such as medical care, mental healthcare, and victims advocacy services.

(F) A requirement that, to the extent practicable, all interviews and meetings with a child victim occur at the children's advocacy center or an agency with which there is a linkage agreement regarding the delivery of multidisciplinary child abuse investigation, prosecution, and intervention services.

(G) Coordination of each step of the investigation process to eliminate duplicative forensic interviews with a child victim.

(H) Designation of a director for the children's advocacy center.

(I) Designation of a multidisciplinary team coordinator.

(J) Assignment of a volunteer or staff advocate to each child in order to assist the child and, when appropriate, the child's family, throughout each step of intervention and judicial proceedings.

(K) Coordination with State chapters to assist and provide oversight, and organizational capacity that supports local children's advocacy centers, multidisciplinary teams, and communities working to implement a multidisciplinary response to child abuse in the provision of evidence-informed initiatives, including mental health counseling, forensic interviewing, multidisciplinary team coordination, and victim advocacy.

(L) Such other criteria as the Administrator shall establish by regulation.

(d) Distribution of grants

In awarding grants under this section, the Administrator shall ensure that grants are distributed to all States that are eligible for such grants, including large and small States, and to rural, suburban, and urban jurisdictions.

(e) Consultation with regional children's advocacy centers

A grant recipient under this section shall consult from time to time with regional children's advocacy centers in its census region that are grant recipients under section 20303 of this title.

(f) Grants to State chapters for assistance to local children's advocacy centers

In awarding grants under this section, the Administrator shall ensure that a portion of the grants is distributed to State chapters to enable State chapters to provide oversight, training, and technical assistance to local centers on evidence-informed initiatives including mental health, counseling, forensic interviewing, multidisciplinary team coordination, and victim advocacy.

(Pub. L. 101-647, title II, §214, formerly §212, Nov. 29, 1990, 104 Stat. 4793; renumbered §214 and amended Pub. L. 102-586, §6(b)(1), (c), Nov. 4, 1992, 106 Stat. 5029, 5034; Pub. L. 107-273, div. C, title II, §12221(b)(1)(A), Nov. 2, 2002, 116 Stat. 1894; Pub. L. 114-22, title I, §104(2), May 29, 2015, 129 Stat. 236; Pub. L. 115-392, §6, Dec. 21, 2018, 132 Stat. 5253; Pub. L. 115-424, §2(d), (h)(2), Jan. 7, 2019, 132 Stat. 5467, 5470; Pub. L. 117-354, §3(4), Jan. 5, 2023, 136 Stat. 6275.)

Editorial Notes

References in Text

Section 7102(9)(A) of title 22, referred to in subsec. (b), was redesignated section 7102(11)(A) of title 22 by Pub. L. 115-427, §2(1), Jan. 9, 2019, 132 Stat. 5503.

Codification

Section was formerly classified to section 13002 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification.

Prior Provisions

A prior section 214 of Pub. L. 101-647 was renumbered section 214B and is classified to section 20306 of this title.

Amendments

2023-Subsec. (a). Pub. L. 117-354, §3(4)(A), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: "The Administrator, in coordination with the Director of the Office of Victims of Crime, shall make grants to-

"(1) develop and enhance multidisciplinary child abuse investigations, intervention, and prosecution; and

"(2) promote the effective delivery of the evidence-informed Children's Advocacy Model and the multidisciplinary response to child abuse, including best practices in programmatic evaluation and financial oversight of Federal funding."

Subsec. (b). Pub. L. 117-354, §3(4)(B), struck out ", in coordination with the Director of the Office of Victims of Crime," after "Administrator".

Subsec. (c)(2)(C). Pub. L. 117-354, §3(4)(C)(i), inserted "to the greatest extent practicable, but in no case later than 72 hours," after "hours".

Subsec. (c)(2)(D) to (L). Pub. L. 117-354, §3(4)(C)(ii), added subpars. (D) to (L) and struck out former subpars. (D) to (I) which read as follows:

"(D) Joint initial forensic interviews of child victims by personnel from law enforcement, health, and child protective service agencies.

"(E) A requirement that, to the extent practicable, all interviews and meetings with a child victim occur at the children's advocacy center or an agency with which there is a linkage agreement regarding the delivery of multidisciplinary child abuse investigation, prosecution, and intervention services.

"(F) Coordination of each step of the investigation process to eliminate duplicative forensic interviews with a child victim.

"(G) Designation of a director for the children's advocacy center.

"(H) Assignment of a volunteer or staff advocate to each child in order to assist the child and, when appropriate, the child's family, throughout each step of intervention and judicial proceedings.

"(I) Such other criteria as the Administrator shall establish by regulation."

Subsec. (f). Pub. L. 117-354, §3(4)(D), added subsec. (f) and struck out former subsec. (f). Prior to amendment, text read as follows: "In awarding grants under this section, the Administrator shall ensure that a portion of the grants is distributed to State chapters to enable State chapters to provide technical assistance, training, coordination, and oversight to other recipients of grants under this section in providing evidence-informed initiatives, including mental health counseling, forensic interviewing, multidisciplinary team coordination, and victim advocacy."

2019-Subsec. (a). Pub. L. 115-424, §2(d)(1), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: "The Administrator, in coordination with the Director and with the Director of the Office of Victims of Crime, shall make grants to develop and implement multidisciplinary child abuse investigation and prosecution programs."

Subsec. (b). Pub. L. 115-424, §2(d)(2), in heading, inserted "human trafficking and" before "child pornography", and in text, struck out "with the Director and" after "coordination" and inserted "human trafficking and" before "child pornography".

Subsec. (c)(1). Pub. L. 115-424, §2(h)(2), made technical amendment to reference in original act which appears in text as reference to sections 11183 and 11186 of this title.

Pub. L. 115-424, §2(d)(3)(A), substituted "Administrator" for "Director" and "subsections (a) and (b)" for "this section".

Subsec. (c)(2)(A). Pub. L. 115-424, §2(d)(3)(B)(i), substituted "child protective service" for "social service".

Subsec. (c)(2)(B). Pub. L. 115-424, §2(d)(3)(B)(ii), substituted "a 'children's advocacy center' " for "the 'counseling center' ".

Subsec. (c)(2)(C). Pub. L. 115-424, §2(d)(3)(B)(iii), substituted "child abuse cases that meet designated referral criteria to the children's advocacy center" for "sexual and serious physical abuse and neglect cases to the counseling center".

Subsec. (c)(2)(D). Pub. L. 115-424, §2(d)(3)(B)(iv), substituted "forensic" for "investigative" and "child protective service" for "social service".

Subsec. (c)(2)(E). Pub. L. 115-424, §2(d)(3)(B)(v)-(vii), redesignated subpar. (F) as (E), substituted "children's advocacy center or an agency with which there is a linkage agreement regarding the delivery of multidisciplinary child abuse investigation, prosecution, and intervention services" for "counseling center", and struck out former subpar. (E) which read as follows: "A requirement that, to the extent practicable, the same agency representative who conducts an initial interview conduct all subsequent interviews."

Subsec. (c)(2)(F). Pub. L. 115-424, §2(d)(3)(B)(vi), (viii), redesignated subpar. (G) as (F) and substituted "eliminate duplicative forensic interviews with a child victim" for "minimize the number of interviews that a child victim must attend". Former subpar. (F) redesignated (E).

Subsec. (c)(2)(G). Pub. L. 115-424, §2(d)(3)(B)(vi), (ix), redesignated subpar. (H) as (G) and substituted "children's advocacy center" for "multidisciplinary program". Former subpar. (G) redesignated (F).

Subsec. (c)(2)(H). Pub. L. 115-424, §2(d)(3)(B)(vi), (x), redesignated subpar. (I) as (H) and inserted "intervention and" before "judicial proceedings". Former subpar. (H) redesignated (G).

Subsec. (c)(2)(I), (J). Pub. L. 115-424, §2(d)(3)(B)(vi), (xi), redesignated subpar. (J) as (I) and substituted "Administrator" for "Director". Former subpar. (I) redesignated (H).

Subsec. (d). Pub. L. 115-424, §2(d)(4), substituted "the Administrator" for "the Director" and "all States that are eligible for such grants, including large and small States," for "both large and small States".

Subsec. (f). Pub. L. 115-424, §2(d)(5), added subsec. (f).

2018-Subsec. (b). Pub. L. 115-392 inserted "child victims of a severe form of trafficking in persons and" before "victims of child pornography" in heading and "victims of a severe form of trafficking (as defined in section 7102(9)(A) of title 22) who were under the age of 18 at the time of the offense and" before "victims of child pornography" in text.

2015-Subsecs. (b) to (e). Pub. L. 114-22 added subsec. (b) and redesignated former subsecs. (b) to (d) as (c) to (e), respectively.

2002-Subsec. (b)(1). Pub. L. 107-273 substituted " sections 5673 and 5676 of this title" for " sections 5665a, 5673, and 5676 of this title".

1992- Pub. L. 102-586, §6(c)(1), substituted "Local children's advocacy centers" for "Authority of Director to make grants" in section catchline.

Subsec. (a). Pub. L. 102-586, §6(c)(2), substituted "The Administrator, in coordination with the Director and with the Director of the Office of Victims of Crime," for "The Director of the Office of Victims of Crime (hereinafter in this subchapter referred to as the 'Director'), in consultation with officials of the Department of Health and Human Services,".

Subsec. (b)(2)(B). Pub. L. 102-586, §6(c)(3), inserted "and nonoffending family members" after "neglect".

Subsec. (d). Pub. L. 102-586, §6(c)(4), added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment

§20305. Grants for specialized technical assistance and training programs

(a) In general

The Administrator shall make grants to national organizations to provide technical assistance and training to-

(1) prosecutors and other attorneys and allied professionals instrumental to the criminal prosecution of child abuse cases in State or Federal courts, for the purpose of improving the quality of criminal prosecution of such cases; and

(2) child abuse professionals instrumental to the protection of children, intervention in child abuse cases, and treatment of victims of child abuse, for the purpose of-

(A) improving the quality of such protection, intervention, and treatment; and

(B) promoting the effective delivery of the evidence-informed Children's Advocacy Center Model and the multidisciplinary response to child abuse, including best practices in programmatic evaluation and financial oversight of Federal funding.

(b) Grantee organizations

(1) Prosecutors

An organization to which a grant is made for specific training and technical assistance for prosecutors under subsection (a)(1) shall be one that has-

(A) a significant connection to prosecutors who handle child abuse cases in State courts, such as a membership organization or support service providers; and

(B) demonstrated experience in providing training and technical assistance for prosecutors.

(2) Child abuse professionals

An organization to which a grant is made for specific training and technical assistance for child abuse professionals under subsection (a)(2) shall be one that has-

(A) a diverse portfolio of training and technical resources for the diverse professionals responding to child abuse, including a digital library to promote evidence-informed practice; and

(B) demonstrated experience in providing training and technical assistance for child abuse professionals, especially law enforcement officers, child protective service workers, prosecutors, forensic interviewers, medical professionals, victim advocates, and mental health professionals.

(c) Grant criteria

(1) The Administrator shall establish the criteria to be used for evaluating applications for grants under this section, consistent with sections 11183 and 11186 of this title.

(2) The grant criteria established pursuant to paragraph (1) shall require, in the case of a grant made under subsection (a)(1), that a program provide training and technical assistance that includes information regarding improved child interview techniques, thorough investigative methods, interagency coordination and effective presentation of evidence in court, including the use of alternative courtroom procedures described in this title.

(Pub. L. 101-647, title II, §214A, formerly §213, Nov. 29, 1990, 104 Stat. 4793; renumbered §214A and amended Pub. L. 102-586, §6(b)(1), (d), Nov. 4, 1992, 106 Stat. 5029, 5034; Pub. L. 107-273, div. C, title II, §12221(b)(1)(B), Nov. 2, 2002, 116 Stat. 1894; Pub. L. 115-424, §2(e), (h)(3), Jan. 7, 2019, 132 Stat. 5469, 5470; Pub. L. 117-354, §3(5), Jan. 5, 2023, 136 Stat. 6276.)

Editorial Notes

References in Text

This title, referred to in subsec. (c)(2), means title II of Pub. L. 101-647, known as the Victims of Child Abuse Act of 1990, which is classified principally to this chapter. For complete classification of title II to the Code, see Short Title of 1990 Act note set out under section 10101 of this title and Tables.

Codification

Section was formerly classified to section 13003 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification.

Amendments

2023-Subsec. (a)(1). Pub. L. 117-354, §3(5)(A)(i), substituted "prosecutors and other attorneys and allied" for "attorneys and other allied".

Subsec. (a)(2)(B). Pub. L. 117-354, §3(5)(A)(ii), inserted "Center" after "Advocacy".

Subsec. (b)(1)(A). Pub. L. 117-354, §3(5)(B), added subpar. (A) and struck out former subpar. (A) which read as follows: "a broad representation of attorneys who prosecute criminal cases in State courts; and".

2019-Subsec. (a). Pub. L. 115-424, §2(e)(1), substituted "to-" and pars. (1) and (2) for "to attorneys and others instrumental to the criminal prosecution of child abuse cases in State or Federal courts, for the purpose of improving the quality of criminal prosecution of such cases."

Subsec. (b). Pub. L. 115-424, §2(e)(2), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: "An organization to which a grant is made pursuant to subsection (a) shall be one that has, or is affiliated with one that has, broad membership among attorneys who prosecute criminal cases in State courts and has demonstrated experience in providing training and technical assistance for prosecutors."

Subsec. (c)(1). Pub. L. 115-424, §2(h)(3), made technical amendment to reference in original act which appears in text as reference to sections 11183 and 11186 of this title.

Subsec. (c)(2). Pub. L. 115-424, §2(e)(3), inserted ", in the case of a grant made under subsection (a)(1)," after "shall require".

2002-Subsec. (c)(1). Pub. L. 107-273 substituted " sections 5673 and 5676 of this title" for " sections 5665a, 5673, and 5676 of this title".

1992-Subsecs. (a), (c)(1). Pub. L. 102-586, §6(d), substituted "Administrator" for "Director".

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment

§20306. Authorization of appropriations

There are authorized to be appropriated to carry out sections 20303, 20304, and 20305 of this title, $40,000,000 for each of fiscal years 2022 through 2028.

( Pub. L. 101-647, title II, §214B, as added Pub. L. 117-354, §3(6), Jan. 5, 2023, 136 Stat. 6277.)

Editorial Notes

Prior Provisions

A prior section 20306, Pub. L. 101-647, title II, §214B, formerly §214, Nov. 29, 1990, 104 Stat. 4794; renumbered §214B and amended Pub. L. 102-586, §6(b)(1), (e), Nov. 4, 1992, 106 Stat. 5029, 5034; Pub. L. 104-235, title II, §232, Oct. 3, 1996, 110 Stat. 3092; Pub. L. 108-21, title III, §381(b), Apr. 30, 2003, 117 Stat. 667; Pub. L. 113-163, §2(a), Aug. 8, 2014, 128 Stat. 1864; Pub. L. 115-424, §2(f), Jan. 7, 2019, 132 Stat. 5469, which authorized appropriations for sections 20303, 20304, and 20305 of this title for fiscal years 2019 through 2023, was repealed by Pub. L. 117-354, §3(6), Jan. 5, 2023, 136 Stat. 6277.

§20307. Accountability

(a) In general

All grants awarded by the Administrator under this subchapter shall be subject to the following accountability provisions:

(1) Audit requirement

(A) Definition

In this paragraph, the term "unresolved audit finding" means a finding in the final audit report of the Inspector General of the Department of Justice that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months from the date when the final audit report is issued and any appeal has been completed.

(B) Audit

The Inspector General of the Department of Justice shall conduct audits of recipients of grants under this subchapter to prevent waste, fraud, and abuse of funds by grantees. The Inspector General shall determine the appropriate number of grantees to be audited each year.

(C) Mandatory exclusion

A recipient of grant funds under this subchapter that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this subchapter during the following 2 fiscal years.

(D) Priority

In awarding grants under this subchapter, the Administrator shall give priority to eligible entities that did not have an unresolved audit finding during the 3 fiscal years prior to submitting an application for a grant under this subchapter.

(E) Reimbursement

If an entity is awarded grant funds under this subchapter during the 2-fiscal-year period in which the entity is barred from receiving grants under paragraph (2), the Administrator shall-

(i) deposit an amount equal to the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and

(ii) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds.

(2) Nonprofit organization requirements

(A) Definition

For purposes of this paragraph, the term "nonprofit organization" means an organization that is described in section 501(c)(3) of title 26 and is exempt from taxation under section 501(a) of such title.

(B) Prohibition

The Administrator may not award a grant under any grant program described in this subchapter to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of title 26.

(C) Disclosure

Each nonprofit organization that is awarded a grant under this subchapter and uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees and key employees, shall disclose to the Administrator, in the application for the grant, the process for determining such compensation, including the independent persons involved in reviewing and approving such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Upon request, the Administrator shall make the information disclosed under this subparagraph available for public inspection.

(3) Conference expenditures

(A) Limitation

No amounts authorized to be appropriated to the Department of Justice under this subchapter may be used by the Administrator, or by any individual or organization awarded discretionary funds through a cooperative agreement under this Act, to host or support any expenditure for conferences that uses more than $20,000 in Department funds, unless the Deputy Attorney General or such Assistant Attorney Generals, Directors, or principal deputies as the Deputy Attorney General may designate, including the Administrator, provides prior written authorization through an award process or subsequent application that the funds may be expended to host a conference.

(B) Written approval

Written approval under subparagraph (A) shall include a written estimate of all costs associated with the conference, including the cost of all food and beverages, audiovisual equipment, honoraria for speakers, and any entertainment.

(C) Report

The Deputy Attorney General shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on all approved conference expenditures referenced in this paragraph.

(b) Reporting

Not later than March 1 of each year, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that-

(1) summarizes the efforts of the Administrator to monitor and evaluate the regional children's advocacy program activities under section 20303(d) of this title;

(2) describes-

(A) the method by which amounts are allocated to grantees and subgrantees under this subchapter, including to local children's advocacy centers, State chapters, and regional children's advocacy program centers; and

(B) steps the Attorney General has taken to minimize duplication and overlap in the awarding of amounts under this subchapter; and

(3) analyzes the extent to which both rural and urban populations are served under the regional children's advocacy program.

( Pub. L. 101-647, title II, §214C, as added Pub. L. 113-163, §2(b), Aug. 8, 2014, 128 Stat. 1864; amended Pub. L. 115-424, §2(g), Jan. 7, 2019, 132 Stat. 5469.)

Editorial Notes

References in Text

This Act, referred to in subsec. (a)(3)(A), probably means the Victims of Child Abuse Act of 1990, title II of Pub. L. 101-647, Nov. 29, 1990, 104 Stat. 4792, which is classified principally to this chapter. For complete classification of title II to the Code, see Short Title of 1990 Act note set out under section 10101 of this title and Tables.

Codification

Section was formerly classified to section 13005 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments

2019- Pub. L. 115-424 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

SUBCHAPTER II-COURT-APPOINTED SPECIAL ADVOCATE PROGRAM

§20321. Findings

The Congress finds that-

(1) Court Appointed Special Advocates, who may serve as guardians ad litem, are trained volunteers appointed by courts to advocate for the best interests of children who are involved in the juvenile and family court system due to abuse or neglect; and

(2) in 2003, Court Appointed Special Advocate volunteers represented 288,000 children, more than 50 percent of the estimated 540,000 children in foster care because of substantiated cases of child abuse or neglect.

(Pub. L. 101-647, title II, §215, Nov. 29, 1990, 104 Stat. 4794; Pub. L. 109-162, title I, §112(a), Jan. 5, 2006, 119 Stat. 2985.)

Editorial Notes

Codification

Section was formerly classified to section 13011 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments

2006-Pars. (1), (2). Pub. L. 109-162 added pars. (1) and (2) and struck out former pars. (1) and (2), which read as follows:

"(1) the National Court-Appointed Special Advocate provides training and technical assistance to a network of 13,000 volunteers in 377 programs operating in 47 States; and

"(2) in 1988, these volunteers represented 40,000 children, representing approximately 15 percent of the estimated 270,000 cases of child abuse and neglect in juvenile and family courts."

§20322. Purpose

The purpose of this subchapter is to ensure that by January 1, 2015, a court-appointed special advocate shall be available to every victim of child abuse or neglect in the United States that needs such an advocate.

Editorial Notes

Codification

Section was formerly classified to section 13012 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments

2013- Pub. L. 113-4 substituted "January 1, 2015" for "January 1, 2010".

2006- Pub. L. 109-162 substituted "January 1, 2010" for "January 1, 1995".

1994- Pub. L. 103-322 made technical amendment to reference to this subchapter to correct reference to corresponding provision of original act.

Statutory Notes and Related Subsidiaries

Effective Date of 2013 Amendment

§20323. Strengthening of court-appointed special advocate program

(a) In general

The Administrator of the Office of Juvenile Justice and Delinquency Prevention shall make grants to initiate, sustain, and expand the court-appointed special advocate program.

(b) Grantee organizations

(1) An organization to which a grant is made pursuant to subsection (a)-

(A) shall be a national organization that has broad membership among court-appointed special advocates and has demonstrated experience in grant administration of court-appointed special advocate programs and in providing training and technical assistance to court-appointed special advocate program; or

(B) may be a local public or not-for-profit agency that has demonstrated the willingness to initiate, sustain, and expand a court-appointed special advocate program.

(2) An organization described in paragraph (1)(A) that receives a grant may be authorized to make subgrants and enter into contracts with public and not-for-profit agencies to initiate, sustain, and expand the court-appointed special advocate program. Should a grant be made to a national organization for this purpose, the Administrator shall specify an amount not exceeding 5 percent that can be used for administrative purposes by the national organization.

(c) Grant criteria

(1) The Administrator shall establish criteria to be used in evaluating applications for grants under this section, consistent with sections 11183 and 11186 of this title.

(2) In general, the grant criteria established pursuant to paragraph (1) shall require that a court-appointed special advocate program provide screening, training, and supervision of court-appointed special advocates in accordance with standards developed by the National Court-Appointed Special Advocate Association. Such criteria may include the requirements that-

(A) a court-appointed special advocate association program have a mission and purpose in keeping with the mission and purpose of the National Court-Appointed Special Advocate Association and that it abide by the National Court-Appointed Special Advocate Association Standards for Programs;

(B) a court-appointed special advocate association program operate with access to legal counsel;

(C) the management and operation of a court-appointed special advocate program assure adequate supervision of court-appointed special advocate volunteers;

(D) a court-appointed special advocate program keep written records on the operation of the program in general and on each applicant, volunteer, and case;

(E) a court-appointed special advocate program have written management and personnel policies and procedures, screening requirements, and training curriculum;

(F) a court-appointed special advocate program not accept volunteers who have been convicted of, have charges pending for, or have in the past been charged with, a felony or misdemeanor involving a sex offense, violent act, child abuse or neglect, or related acts that would pose risks to children or to the court-appointed special advocate program's credibility;

(G) a court-appointed special advocate program have an established procedure to allow the immediate reporting to a court or appropriate agency of a situation in which a court-appointed special advocate volunteer has reason to believe that a child is in imminent danger;

(H) a court-appointed special advocate volunteer be an individual who has been screened and trained by a recognized court-appointed special advocate program and appointed by the court to advocate for children who come into the court system primarily as a result of abuse or neglect; and

(I) a court-appointed special advocate volunteer serve the function of reviewing records, facilitating prompt, thorough review of cases, and interviewing appropriate parties in order to make recommendations on what would be in the best interests of the child.

(3) In awarding grants under this section, the Administrator shall ensure that grants are distributed to localities that have no existing court-appointed special advocate program and to programs in need of expansion.

(d) Background checks

State and local Court Appointed Special Advocate programs are authorized to request fingerprint-based criminal background checks from the Federal Bureau of Investigation's criminal history database for prospective volunteers. The requesting program is responsible for the reasonable costs associated with the Federal records check.

(e) Reporting

An organization that receives a grant under this section for a fiscal year shall submit to the Administrator a report regarding the use of the grant for the fiscal year, including a discussion of outcome performance measures (which shall be established by the Administrator) to determine the effectiveness of the programs of the organization in meeting the needs of children in the child welfare system.

(Pub. L. 101-647, title II, §217, Nov. 29, 1990, 104 Stat. 4794; Pub. L. 107-273, div. C, title II, §12221(b)(1)(C), Nov. 2, 2002, 116 Stat. 1894; Pub. L. 109-162, title I, §112(c), Jan. 5, 2006, 119 Stat. 2986; Pub. L. 113-4, title I, §106(2), Mar. 7, 2013, 127 Stat. 77; Pub. L. 115-424, §2(h)(4), Jan. 7, 2019, 132 Stat. 5470.)

Editorial Notes

Codification

Section was formerly classified to section 13013 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification.

Amendments

2019-Subsec. (c)(1). Pub. L. 115-424 made technical amendment to reference in original act which appears in text as reference to sections 11183 and 11186 of this title.

2013-Subsec. (c)(2)(A). Pub. L. 113-4, §106(2)(A), substituted "Standards for Programs" for "Code of Ethics".

Subsec. (e). Pub. L. 113-4, §106(2)(B), added subsec. (e).

2006-Subsec. (a). Pub. L. 109-162, §112(c)(1), substituted "to initiate, sustain, and expand" for "to expand".

Subsec. (b)(1). Pub. L. 109-162, §112(c)(2)(A), substituted "subsection (a)-" for "subsection (a)", inserted subpar. (A) designation before "shall be", and substituted "(B) may be" for "(2) may be" and "to initiate, sustain, and expand" for "to initiate or expand".

Subsec. (b)(2). Pub. L. 109-162, §112(c)(2)(B), substituted "(1)(A)" for "(1)(a)" and "to initiate, sustain, and expand" for "to initiate and to expand".

Subsec. (d). Pub. L. 109-162, §112(c)(3), added subsec. (d).

2002-Subsec. (c)(1). Pub. L. 107-273 substituted " sections 5673 and 5676 of this title" for " sections 5665a, 5673, and 5676 of this title".

Statutory Notes and Related Subsidiaries

Effective Date of 2013 Amendment

Effective Date of 2002 Amendment

§20324. Authorization of appropriations

(a) Authorization

There is authorized to be appropriated to carry out this subchapter $12,000,000 for each of fiscal years 2023 through 2027.

(b) Limitation

No funds are authorized to be appropriated for a fiscal year to carry out this subchapter unless the aggregate amount appropriated to carry out title II of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5611 et seq.) for such fiscal year is not less than the aggregate amount appropriated to carry out such title for the preceding fiscal year.

(c) Prohibition on lobbying

No funds authorized under this subchapter may be used for lobbying activities in contravention of OMB Circular No. A-122.

(Pub. L. 101-647, title II, §219, formerly §218, Nov. 29, 1990, 104 Stat. 4796; Pub. L. 103-322, title IV, §40156(a)(1), Sept. 13, 1994, 108 Stat. 1922; Pub. L. 106-386, div. B, title III, §1302(a), Oct. 28, 2000, 114 Stat. 1511; renumbered §219 and amended Pub. L. 109-162, title I, §112(d)(1), (e), Jan. 5, 2006, 119 Stat. 2986; Pub. L. 113-4, title I, §106(3), Mar. 7, 2013, 127 Stat. 77; Pub. L. 117-103, div. W, title XIII, §1305, Mar. 15, 2022, 136 Stat. 928.)

Editorial Notes

References in Text

The Juvenile Justice and Delinquency Prevention Act of 1974, referred to in subsec. (b), is Pub. L. 93-415, Sept. 7, 1974, 88 Stat. 1109. Title II of the Act was classified principally to subchapter II (§5611 et seq.) of chapter 72 of Title 42, The Public Health and Welfare, prior to editorial reclassification as subchapter II (§11111 et seq.) of chapter 111 of this title. For complete classification of this Act to the Code, see Tables.

Codification

Section was formerly classified to section 13014 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments

2022-Subsec. (a). Pub. L. 117-103 substituted "2023 through 2027" for "2014 through 2018".

2013-Subsec. (a). Pub. L. 113-4 substituted "fiscal years 2014 through 2018" for "fiscal years 2007 through 2011".

2006-Subsec. (a). Pub. L. 109-162, §112(e)(1), added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: "There is authorized to be appropriated to carry out this subchapter $12,000,000 for each of fiscal years 2001 through 2005."

Subsec. (c). Pub. L. 109-162, §112(e)(2), added subsec. (c).

2000-Subsec. (a). Pub. L. 106-386 added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: "There are authorized to be appropriated to carry out this subchapter-

"(1) $6,000,000 for fiscal year 1996;

"(2) $6,000,000 for fiscal year 1997;

"(3) $7,000,000 for fiscal year 1998;

"(4) $9,000,000 for fiscal year 1999; and

"(5) $10,000,000 for fiscal year 2000."

1994-Subsec. (a). Pub. L. 103-322 amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: "There are authorized to be appropriated to carry out this chapter-

"(1) $5,000,000 in fiscal year 1991; and

"(2) such sums as may be necessary to carry out this subchapter in each of fiscal years 1992, 1993, and 1994."

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Effective Date of 2013 Amendment

Dissemination of Information

Pub. L. 106-386, div. B, title III, §1302(d), Oct. 28, 2000, 114 Stat. 1511, provided that: "The Attorney General shall-

"(1) annually compile and disseminate information (including through electronic publication) about the use of amounts expended and the projects funded under section 218(a) [now 219(a)] of the Victims of Child Abuse Act of 1990 ( 42 U.S.C. 13014(a)) [now 34 U.S.C. 20324(a)], section 224(a) of the Victims of Child Abuse Act of 1990 ( 42 U.S.C. 13024(a)) [now 34 U.S.C. 20334(a)], and section 1007(a)(7) [1001(a)(7)] of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3793(a)(7)) [now 34 U.S.C. 10261(a)(7)], including any evaluations of the projects and information to enable replication and adoption of the strategies identified in the projects; and

"(2) focus dissemination of the information described in paragraph (1) toward community-based programs, including domestic violence and sexual assault programs."

SUBCHAPTER III-CHILD ABUSE TRAINING PROGRAMS FOR JUDICIAL PERSONNEL AND PRACTITIONERS

§20331. Findings and purpose

(a) Findings

The Congress finds that-

(1) a large number of juvenile and family courts are inundated with increasing numbers of cases due to increased reports of abuse and neglect, increasing drug-related maltreatment, and insufficient court resources;

(2) the amendments made to the Social Security Act [ 42 U.S.C. 301 et seq.] by the Adoption Assistance and Child Welfare Act of 1980 make substantial demands on the courts handling abuse and neglect cases, but provide no assistance to the courts to meet those demands;

(3) the Adoption and Child Welfare Act of 1980 requires courts to-

(A) determine whether the agency made reasonable efforts to prevent foster care placement;

(B) approve voluntary nonjudicial placement; and

(C) provide procedural safeguards for parents when their parent-child relationship is affected;

(4) social welfare agencies press the courts to meet such requirements, yet scarce resources often dictate that courts comply pro forma without undertaking the meaningful judicial inquiry contemplated by Congress in the Adoption and Child Welfare Act of 1980;

(5) compliance with the Adoption and Child Welfare Act of 1980 and overall improvements in the judicial response to abuse and neglect cases can best come about through action by top level court administrators and judges with administrative functions who understand the unique aspects of decisions required in child abuse and neglect cases; and

(6) the Adoption and Child Welfare Act of 1980 provides financial incentives to train welfare agency staff to meet the requirements, but provides no resources to train judges.

(b) Purpose

The purpose of this subchapter is to provide expanded technical assistance and training to judicial personnel and attorneys, particularly personnel and practitioners in juvenile and family courts, to improve the judicial system's handling of child abuse and neglect cases with specific emphasis on the role of the courts in addressing reasonable efforts that can safely avoid unnecessary and unnecessarily prolonged foster care placement.

(Pub. L. 101-647, title II, §221, Nov. 29, 1990, 104 Stat. 4796; Pub. L. 103-322, title IV, §40156(b)(2), Sept. 13, 1994, 108 Stat. 1923.)

Editorial Notes

References in Text

The Social Security Act, referred to in subsec. (a)(2), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

The Adoption Assistance and Child Welfare Act of 1980, referred to in subsec. (a), is Pub. L. 96-272, June 17, 1980, 94 Stat. 500. For complete classification of this Act to the Code, see Short Title of 1980 Amendments note set out under section 1305 of Title 42, The Public Health and Welfare, and Tables.

Codification

Section was formerly classified to section 13021 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments

1994-Subsec. (b). Pub. L. 103-322 made technical amendment to reference to this subchapter to correct reference to corresponding provision of original act.

§20332. Grants for juvenile and family court personnel

In order to improve the judicial system's handling of child abuse and neglect cases, the Administrator of the Office of Juvenile Justice and Delinquency Prevention shall make grants for the purpose of providing-

(1) technical assistance and training to judicial personnel and attorneys, particularly personnel and practitioners in juvenile and family courts; and

(2) administrative reform in juvenile and family courts.

(Pub. L. 101-647, title II, §222, Nov. 29, 1990, 104 Stat. 4797.)

Editorial Notes

Codification

Section was formerly classified to section 13022 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

§20333. Specialized technical assistance and training programs

(a) Grants to develop model programs

(1) The Administrator shall make grants to national organizations to develop 1 or more model technical assistance and training programs to improve the judicial system's handling of child abuse and neglect cases.

(2) An organization to which a grant is made pursuant to paragraph (1) shall be one that has broad membership among juvenile and family court judges and has demonstrated experience in providing training and technical assistance for judges, attorneys, child welfare personnel, and lay child advocates.

(b) Grants to juvenile and family courts

(1) In order to improve the judicial system's handling of child abuse and neglect cases, the Administrator shall make grants to State courts or judicial administrators for programs that provide or contract for, the implementation of-

(A) training and technical assistance to judicial personnel and attorneys in juvenile and family courts; and

(B) administrative reform in juvenile and family courts.

(2) The criteria established for the making of grants pursuant to paragraph (1) shall give priority to programs that improve-

(A) procedures for determining whether child service agencies have made reasonable efforts to prevent placement of children in foster care;

(B) procedures for determining whether child service agencies have, after placement of children in foster care, made reasonable efforts to reunite the family;

(C) procedures for coordinating information and services among health professionals, social workers, law enforcement professionals, prosecutors, defense attorneys, and juvenile and family court personnel, consistent with subchapter I; and

(D) procedures for improving the judicial response to children who are vulnerable to human trafficking, to the extent an appropriate screening tool exists.

(c) Grant criteria

The Administrator shall make grants under subsections (a) and (b) consistent with sections 11172, 11183, and 11186 of this title.

Editorial Notes

Codification

Section was formerly classified to section 13023 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification.

Amendments

2019-Subsec. (c). Pub. L. 115-424 made technical amendment to reference in original act which appears in text as reference to sections 11183 and 11186 of this title.

2018-Subsec. (b)(2)(D). Pub. L. 115-393 added subpar. (D).

2002-Subsec. (c). Pub. L. 107-273 substituted " sections 5666, 5673, and 5676 of this title" for " section 5665a, 5673, and 5676 of this title".

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment

§20334. Authorization of appropriations

(a) Authorization

There is authorized to be appropriated to carry out this subchapter $2,300,000 for each of fiscal years 2023 through 2027

(b) Use of funds

Of the amounts appropriated in subsection (a), not less than 80 percent shall be used for grants under section 20333(b) of this title.

(c) Limitation

No funds are authorized to be appropriated for a fiscal year to carry out this subchapter unless the aggregate amount appropriated to carry out title II of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5611 et seq.) for such fiscal year is not less than the aggregate amount appropriated to carry out such title for the preceding fiscal year.

(Pub. L. 101-647, title II, §224, Nov. 29, 1990, 104 Stat. 4798; Pub. L. 103-322, title IV, §40156(b)(1), Sept. 13, 1994, 108 Stat. 1923; Pub. L. 106-386, div. B, title III, §1302(b), Oct. 28, 2000, 114 Stat. 1511; Pub. L. 113-4, title XI, §1105, Mar. 7, 2013, 127 Stat. 135; Pub. L. 117-103, div. W, title XIII, §1303, Mar. 15, 2022, 136 Stat. 927.)

Editorial Notes

References in Text

The Juvenile Justice and Delinquency Prevention Act of 1974, referred to in subsec. (c), is Pub. L. 93-415, Sept. 7, 1974, 88 Stat. 1109. Title II of the Act was classified principally to subchapter II (§5611 et seq.) of chapter 72 of Title 42, The Public Health and Welfare, prior to editorial reclassification as subchapter II (§11111 et seq.) of chapter 111 of this title. For complete classification of this Act to the Code, see Tables.

Codification

Section was formerly classified to section 13024 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments

2022-Subsec. (a). Pub. L. 117-103 substituted "subchapter $2,300,000 for each of fiscal years 2023 through 2027" for "subchapter $2,300,000 for each of fiscal years 2014 through 2018."

2013-Subsec. (a). Pub. L. 113-4 substituted "$2,300,000 for each of fiscal years 2014 through 2018." for "$2,300,000 for each of fiscal years 2001 through 2005."

2000-Subsec. (a). Pub. L. 106-386 added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: "There are authorized to be appropriated to carry out this subchapter-

"(1) $750,000 for fiscal year 1996;

"(2) $1,000,000 for fiscal year 1997;

"(3) $2,000,000 for fiscal year 1998;

"(4) $2,000,000 for fiscal year 1999; and

"(5) $2,300,000 for fiscal year 2000."

1994-Subsec. (a). Pub. L. 103-322 amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: "There are authorized to be appropriated to carry out this chapter-

"(1) $10,000,000 in fiscal year 1991; and

"(2) such sums as may be necessary to carry out this chapter in each of fiscal years 1992, 1993, and 1994."

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

SUBCHAPTER IV-REPORTING REQUIREMENTS

§20341. Child abuse reporting

(a) In general

(1) Covered professionals

A person who, while engaged in a professional capacity or activity described in subsection (b) on Federal land or in a federally operated (or contracted) facility, learns of facts that give reason to suspect that a child has suffered an incident of child abuse, shall as soon as possible make a report of the suspected abuse to the agency designated under subsection (d) and to the agency or agencies provided for in subsection (e), if applicable.

(2) Covered individuals

A covered individual who learns of facts that give reason to suspect that a child has suffered an incident of child abuse, including sexual abuse, shall as soon as possible make a report of the suspected abuse to the agency designated by the Attorney General under subsection (d).

(b) Covered professionals

Persons engaged in the following professions and activities are subject to the requirements of subsection (a)(1):

(1) Physicians, dentists, medical residents or interns, hospital personnel and administrators, nurses, health care practitioners, chiropractors, osteopaths, pharmacists, optometrists, podiatrists, emergency medical technicians, ambulance drivers, undertakers, coroners, medical examiners, alcohol or drug treatment personnel, and persons performing a healing role or practicing the healing arts.

(2) Psychologists, psychiatrists, and mental health professionals.

(3) Social workers, licensed or unlicensed marriage, family, and individual counselors.

(4) Teachers, teacher's aides or assistants, school counselors and guidance personnel, school officials, and school administrators.

(5) Child care workers and administrators.

(6) Law enforcement personnel, probation officers, criminal prosecutors, and juvenile rehabilitation or detention facility employees.

(7) Foster parents.

(8) Commercial film and photo processors.

(c) Definitions

For the purposes of this section-

(1) the term "child abuse" means the physical or mental injury, sexual abuse or exploitation, or negligent treatment of a child;

(2) the term "physical injury" includes but is not limited to lacerations, fractured bones, burns, internal injuries, severe bruising or serious bodily harm;

(3) the term "mental injury" means harm to a child's psychological or intellectual functioning which may be exhibited by severe anxiety, depression, withdrawal or outward aggressive behavior, or a combination of those behaviors, which may be demonstrated by a change in behavior, emotional response or cognition;

(4) the term "sexual abuse" includes the employment, use, persuasion, inducement, enticement, or coercion of a child to engage in, or assist another person to engage in, sexually explicit conduct or the rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children;

(5) the term "sexually explicit conduct" means actual or simulated-

(A) sexual intercourse, including sexual contact in the manner of genital-genital, oral-genital, anal-genital, or oral-anal contact, whether between persons of the same or of opposite sex; sexual contact means the intentional touching, either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify sexual desire of any person;

(B) bestiality;

(C) masturbation;

(D) lascivious exhibition of the genitals or pubic area of a person or animal; or

(E) sadistic or masochistic abuse;

(6) the term "exploitation" means child pornography or child prostitution;

(7) the term "negligent treatment" means the failure to provide, for reasons other than poverty, adequate food, clothing, shelter, or medical care so as to seriously endanger the physical health of the child;

(8) the term "child abuse" shall not include discipline administered by a parent or legal guardian to his or her child provided it is reasonable in manner and moderate in degree and otherwise does not constitute cruelty;

(9) the term "covered individual" means an adult who-

(A) is authorized, by a national governing body, a member of a national governing body, or an amateur sports organization that participates in interstate or international amateur athletic competition, to interact with a minor or amateur athlete at an amateur sports organization facility or at any event sanctioned by a national governing body, a member of a national governing body, or such an amateur sports organization; or

(B) is an employee or representative of the United States Center for SafeSport;

(10) the term "event" includes travel, lodging, practice, competition, and health or medical treatment;

(11) the terms "amateur athlete", "amateur athletic competition", "amateur sports organization", "international amateur athletic competition", and "national governing body" have the meanings given the terms in section 220501(b) of title 36; and

(12) the term "as soon as possible" means within a 24-hour period.

(d) Agency designated to receive report and action to be taken

For all Federal lands and all federally operated (or contracted) facilities in which children are cared for or reside and for all covered individuals, the Attorney General shall designate an agency to receive and investigate the reports described in subsection (a). By formal written agreement, the designated agency may be a non-Federal agency. When such reports are received by social services or health care agencies, and involve allegations of sexual abuse, serious physical injury, or life-threatening neglect of a child, there shall be an immediate referral of the report to a law enforcement agency with authority to take emergency action to protect the child. All reports received shall be promptly investigated, and whenever appropriate, investigations shall be conducted jointly by social services and law enforcement personnel, with a view toward avoiding unnecessary multiple interviews with the child.

(e) Reporters and recipient of report involving children and homes of members of the Armed Forces

(1) Recipients of reports

In the case of an incident described in subsection (a) involving a child in the family or home of member of the Armed Forces (regardless of whether the incident occurred on or off a military installation), the report required by subsection (a) shall be made to the appropriate child welfare services agency or agencies of the State in which the child resides. The Attorney General, the Secretary of Defense, and the Secretary of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy) shall jointly, in consultation with the chief executive officers of the States, designate the child welfare service agencies of the States that are appropriate recipients of reports pursuant to this subsection. Any report on an incident pursuant to this subsection is in addition to any other report on the incident pursuant to this section.

(2) Makers of reports

For purposes of the making of reports under this section pursuant to this subsection, the persons engaged in professions and activities described in subsection (b) shall include members of the Armed Forces who are engaged in such professions and activities for members of the Armed Forces and their dependents.

(f) Reporting form

In every federally operated (or contracted) facility, on all Federal lands, and for all covered individuals, a standard written reporting form, with instructions, shall be disseminated to all mandated reporter groups. Use of the form shall be encouraged, but its use shall not take the place of the immediate making of oral reports, telephonically or otherwise, when circumstances dictate.

(g) Immunity for good faith reporting and associated actions

All persons who, acting in good faith, make a report by subsection (a), or otherwise provide information or assistance in connection with a report, investigation, or legal intervention pursuant to a report, shall be immune from civil and criminal liability arising out of such actions. There shall be a presumption that any such persons acted in good faith. If a person is sued because of the person's performance of one of the above functions, and the defendant prevails in the litigation, the court may order that the plaintiff pay the defendant's legal expenses. Immunity shall not be accorded to persons acting in bad faith.

(h) Training of prospective reporters

All individuals in the occupations listed in subsection (b)(1) who work on Federal lands, or are employed in federally operated (or contracted) facilities, and all covered individuals, shall receive periodic training in the obligation to report, as well as in the identification of abused and neglected children.

(i) Rule of construction

Nothing in this section shall be construed to require a victim of child abuse to self-report the abuse.

Editorial Notes

Codification

Another subsec. (g) of section 226 of Pub. L. 101-647 enacted section 2258 of Title 18, Crimes and Criminal Procedure, and amended analysis for part I and heading and analysis of chapter 110 of Title 18.

Section was formerly classified to section 13031 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments

2020-Subsec. (c)(9). Pub. L. 116-189 substituted "adult who-" for "adult who", inserted subpar. (A) designation before "is authorized", and added subpar. (B).

2018-Subsec. (a). Pub. L. 115-126, §101(a)(1), designated existing provisions as par. (1), inserted heading, and added par. (2).

Subsec. (b). Pub. L. 115-126, §101(a)(2), substituted "subsection (a)(1)" for "subsection (a)" in introductory provisions.

Subsec. (c)(9) to (12). Pub. L. 115-126, §101(a)(3), added pars. (9) to (12).

Subsec. (d). Pub. L. 115-126, §101(a)(4), inserted "and for all covered individuals" after "reside".

Subsec. (f). Pub. L. 115-126, §101(a)(5), substituted "on all" for "and on all" and inserted "and for all covered individuals," after "lands,".

Subsec. (h). Pub. L. 115-126, §101(a)(6), inserted "and all covered individuals," after "facilities,".

Subsec. (i). Pub. L. 115-126, §101(a)(7), added subsec. (i).

2016-Subsec. (a). Pub. L. 114-328, §575(b)(1), inserted before period at end "and to the agency or agencies provided for in subsection (e), if applicable".

Subsecs. (e) to (g). Pub. L. 114-328, §575(b)(2), (3), added subsec. (e) and redesignated former subsecs. (e) and (f) as (f) and (g), respectively.

§20342. Federal immunity

(1) In general

Notwithstanding any other provision of law, any individual making a good faith report to appropriate authorities of a suspected or known instance of child abuse or neglect, or who otherwise, in good faith, provides information or assistance, including medical evaluations or consultations, in connection with a report, investigation, or legal intervention pursuant to a good faith report of child abuse or neglect shall not be subject to civil liability or criminal prosecution, under any Federal law, rising from making such report or providing such information or assistance.

(2) Presumption of good faith

In a Federal civil action or criminal prosecution brought against a person based on the person's reporting a suspected or known instance of child abuse or neglect, or providing information or assistance with respect to such a report, as described in paragraph (1), there shall be a presumption that the person acted in good faith.

(3) Costs

If the defendant prevails in a Federal civil action described in paragraph (2), the court may award costs and reasonable attorney's fees incurred by the defendant.

(Pub. L. 115-424, §3(b), Jan. 7, 2019, 132 Stat. 5470.)

Editorial Notes

Codification

Section was enacted as part of the Victims of Child Abuse Act Reauthorization Act of 2018, and not as part of the Victims of Child Abuse Act of 1990 which comprises this chapter.

SUBCHAPTER V-CHILD CARE WORKER EMPLOYEE BACKGROUND CHECKS

§20351. Requirement for background checks

(a) In general

(1) Each agency of the Federal Government, and every facility operated by the Federal Government (or operated under contract with the Federal Government), that hires (or contracts for hire) individuals involved with the provision to children under the age of 18 of child care services shall assure that all existing and newly-hired employees undergo a criminal history background check. All existing staff shall receive such checks not later than May 29, 1991. Except as provided in subsection (b)(3), no additional staff shall be hired without a check having been completed.

(2) For the purposes of this section, the term "child care services" means child protective services (including the investigation of child abuse and neglect reports), social services, health and mental health care, child (day) care, education (whether or not directly involved in teaching), foster care, residential care, recreational or rehabilitative programs, and detention, correctional, or treatment services.

(b) Criminal history check

(1) A background check required by subsection (a) shall be-

(A) based on a set of the employee's fingerprints obtained by a law enforcement officer and on other identifying information;

(B) conducted through the Identification Division of the Federal Bureau of Investigation and through the State criminal history repositories of all States that an employee or prospective employee lists as current and former residences in an employment application; and

(C) initiated through the personnel programs of the applicable Federal agencies.

(2) The results of the background check shall be communicated to the employing agency.

(3) An agency or facility described in subsection (a)(1) may hire a staff person provisionally prior to the completion of a background check if, at all times prior to receipt of the background check during which children are in the care of the person, the person is within the sight and under the supervision of a staff person with respect to whom a background check has been completed.

(c) Applicable criminal histories

Any conviction for a sex crime, an offense involving a child victim, or a drug felony, may be ground for denying employment or for dismissal of an employee in any of the positions listed in subsection (a)(2). In the case of an incident in which an individual has been charged with one of those offenses, when the charge has not yet been disposed of, an employer may suspend an employee from having any contact with children while on the job until the case is resolved. Conviction of a crime other than a sex crime may be considered if it bears on an individual's fitness to have responsibility for the safety and well-being of children.

(d) Employment applications

(1) Employment applications for individuals who are seeking work for an agency of the Federal Government, or for a facility or program operated by (or through contract with) the Federal Government, in any of the positions listed in subsection (a)(1), shall contain a question asking whether the individual has ever been arrested for or charged with a crime involving a child, and if so requiring a description of the disposition of the arrest or charge. An application shall state that it is being signed under penalty of perjury, with the applicable Federal punishment for perjury stated on the application.

(2) A Federal agency seeking a criminal history record check shall first obtain the signature of the employee or prospective employee indicating that the employee or prospective employee has been notified of the employer's obligation to require a record check as a condition of employment and the employee's right to obtain a copy of the criminal history report made available to the employing Federal agency and the right to challenge the accuracy and completeness of any information contained in the report.

(e) Encouragement of voluntary criminal history checks for others who may have contact with children

Federal agencies and facilities are encouraged to submit identifying information for criminal history checks on volunteers working in any of the positions listed in subsection (a) and on adult household members in places where child care or foster care services are being provided in a home.

(Pub. L. 101-647, title II, §231, Nov. 29, 1990, 104 Stat. 4808; Pub. L. 102-190, div. A, title X, §1094(a), Dec. 5, 1991, 105 Stat. 1488.)

Editorial Notes

Codification

Section was formerly classified to section 13041 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments

1991-Subsec. (a)(1). Pub. L. 102-190, §1094(a)(1), substituted "May 29, 1991. Except as provided in subsection (b)(3), no additional staff" for "6 months after November 29, 1990, and no additional staff".

Subsec. (b)(3). Pub. L. 102-190, §1094(a)(2), added par. (3).

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The local policy that was selected comes from Harlandale Independent School District in San Antonio, Texas. The policy comes from the policy manual from the school strict. This policy is about student welfare in regard to child abuse and neglect. The policy covers programs to address sexual abuse, trafficking, and maltreatment that will be provided in a handbook to students and parents as well as placed in the district improvement plan. The policy also covers the duty to report suspected child abuse or neglect, the restrictions of reporting, the content that needs to be included in the report, and the confidentiality of the report.

References

Policy Code FFG – Student Welfare: Child Abuse and Neglect – Harlandale ISD Board Policy Manual - Policy Online. (2024). Tasb.org. https://pol.tasb.org/PolicyOnline/PolicyDetails?key=173&code=FFG#legalTabContent

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TASB’s Policy Online® helps streamline the process of adopting and updating district policies

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According to the American School Counselor Association, school counselors have a legal obligation to report any suspicion of child abuse and neglect.

In the American School Counselor Association's Code of Ethics, there are ethical guidelines for school counselors regarding child abuse under section A.12. The ASCA (2024) states school counselors must "maintain and develop expertise to recognize the signs of child abuse and neglect" (ASCA, 2024). It also goes on to say that school counselors must act as advocates for teachers and students to have proper training on the knowledge and skills to recognize signs of abuse and neglect. This relates to my topic because while reporting suspicion of child abuse and neglect is very important, school counselors also must be able to recognize the signs as well as ensure teachers and students have the proper knowledge to spot concerning signs.

References

American School Counselor Association. (2016). ASCA Ethical Standards for School Counselors. https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf

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The Texas Department of Family and Protective Services is a great resource for school counselors to learn about the signs of child abuse. This resource is broken down into categories with helpful explanations in each. The website explores signs of physical abuse, neglect, sexual abuse, and emotional abuse. There is also a guide on how to make a report and where to make a report.

References

Texas Department of Family and Protective Services. (n.d.). DFPS - Recognize the Signs of Child Abuse. Www.dfps.texas.gov. https://www.dfps.texas.gov/Child_Protection/Child_Safety/recognize_abuse.asp

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More Abuse Information

There are four major types of child maltreatment: physical abuse, neglect, sexual abuse, and emotional abuse.

Physical Abuse

Physical Abuse is physical injury that results in substantial harm to the child, or the genuine threat of substantial harm from physical injury to the child. The physical injury (ranging from minor bruises to severe fractures or death) can result from punching, beating, shaking, kicking, biting, throwing, stabbing, hitting, burning, choking, or otherwise harming a child. Such injury is considered abuse regardless of whether the caretaker intended to hurt the child.
Suspect Physical Abuse When You See:

Frequent injuries such as bruises, cuts, black eyes, or burns without adequate explanations

Frequent complaints of pain without obvious injury

Burns or bruises in unusual patterns that may indicate the use of an instrument or human bite; cigarette burns on any part of the body

Lack of reaction to pain

Extreme fear of going home or seeing parents

Injuries that appear after a child has not been seen for several days

Unreasonable clothing that may hide injuries to arms or legs

Neglect

Neglect is failure to provide for a child's basic needs necessary to sustain the life or health of the child, excluding failure caused primarily by financial inability unless relief services have been offered and refused.
Suspect Neglect When You See:

Obvious malnourishment

Consistent concern for lack of personal hygiene that poses a health risk

Stealing or begging for food

Child unattended for long periods of time

Unaddressed need for dental care or other medical attention

Sexual Abuse

Sexual Abuse includes fondling a child's genitals, penetration, incest, rape, sodomy, indecent exposure, and exploitation through prostitution or producing pornographic materials.
Suspect Sexual Abuse When You See:

Physical signs of sexually transmitted diseases

Evidence of injury to the genital area

Pregnancy in a young girl

Difficulty in sitting or walking

Extreme fear of being alone with adults of a certain sex

Sexual comments, behaviors, or play beyond what is considered age-appropriate behavior

Knowledge of sexual relations beyond what is expected for a child's age

Sexual victimization of other children

Emotional Abuse

Emotional Abuse is mental or emotional injury that results in an observable and material impairment in a child's growth, development, or psychological functioning. It includes extreme forms of punishment such as confining a child in a dark closet, habitual scapegoating, belittling, and rejecting treatment for a child.
Suspect Emotional Abuse When You See:

Over compliance or low self-esteem caused by scapegoating or verbal abuse by caregivers

Severe depression, anxiety, or aggression

Lagging in physical, emotional, and intellectual development

Caregiver who belittles the child, withholds love, and seems unconcerned about the child's problems

Significant changes to behavior, such as withdrawal or over-aggression

Significant changes to weight, such as substantial weight gain or weight loss.

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Texas Department of Family and Protective Services (DFPS)

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The mission of the Texas Department of Family and Protective Services (DFPS) is to protect the unprotected -- children, elderly, and people with disabilities -- from abuse, neglect, and exploitation.

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Slide #13 Bulleted list of Recommendations / Best Practices for Compliance

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Slide #13 Bulleted list of Recommendations / Best Practices for Compliance

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School counselors must be well aware of the legal and ethical guidelines they must abide by when it comes to reporting child abuse and neglect. Below is a list of recommendations on how schools can ensure school counselors remain in compliance with this legal and ethical issue.

Provide training for school counselors. Schools should regularly train their counselors on mandatory laws regarding reporting and spotting signs of child abuse and neglect. The training can also address how to report, the importance of maintaining confidentiality and understanding the legal obligation to report.

Ensure that as a school district, they are up to date on reporting child abuse and neglect. Schools can partner with legal experts in the field of child welfare and make sure that their best practices are aligned with the expectations from the state and federal government.

Implement a documentation checklist that counselors must use when they are suspecting of child abuse and neglect. Counselors can use this checklist when making the actual report so that their notes are accurate and well thought out.

Encourage collaboration between school counselors, teachers, and administrators to be able to recognize the signs of abuse and work as a team for the well-being of the child.

Promote healthy relationships among school faculty and staff and the community around them. Invite families into the school for school events or information sessions that can help promote parent involvement and educate parents on how to maintain a healthy environment for their child.

Regularly audit case records to ensure schools are staying in compliance with laws and policies.

Establish a system for support for school counselors emotionally and mentally after making a report. Ensure they have proper mental health resources to aid them and provide a debrief session with them if need be while maintaining confidentiality.