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Child Abuse Prevention and Treatment Act
as Amended by the
Keeping Children and Families Safe Act of 2003
SECTION I: CHILD ABUSE PREVENTION AND TREATMENT ACT
Sec. 107. GRANTS TO STATES FOR PROGRAMS RELATING TO
INVESTIGATION AND PROSECUTION OF CHILD ABUSE AND
NEGLECT CASES. [42 U.S.C. 5106c]
[This section was amended by sec. 115 of P.L. 108-36.]
- GRANTS TO STATES.—The Secretary, in consultation with the
Attorney General, is authorized to make grants to the States for the purpose of
assisting States in developing, establishing, and operating programs designed to
improve—
- the handling of child abuse and neglect cases, particularly cases of
child sexual abuse and exploitation, in a manner which limits additional
trauma to the child victim;
- the handling of cases of suspected child abuse or neglect related
fatalities;
- the investigation and prosecution of cases of child abuse and
neglect, particularly child sexual abuse and exploitation; and
- the handling of cases involving children with disabilities or serious
health-related problems who are victims of abuse or neglect.
- ELIGIBILITY REQUIREMENTS.—In order for a State to qualify for
assistance under this section, such State shall—
- fulfill the requirements of section 107(b) [of this title];
- establish a task force as provided in subsection (c) [of this section];
- fulfill the requirements of subsection (d) [of this section];
- submit annually an application to the Secretary at such time and
containing such information and assurances as the Secretary considers
necessary, including an assurance that the State will—
- make such reports to the Secretary as may reasonably be
required; and
- maintain and provide access to records relating to activities
under subsections (a) and (b) of this section; and
- submit annually to the Secretary a report on the manner in which
assistance received under this program was expended throughout the State,
with particular attention focused on the areas described in paragraphs (1)
through (3) of subsection (a) of this section.
- STATE TASK FORCES.—
- GENERAL RULE.—Except as provided in paragraph (2), a State
requesting assistance under this section shall establish or designate, and
maintain, a State multidisciplinary task force on children’s justice
(hereinafter referred to as “State task force”) composed of professionals
with knowledge and experience relating to the criminal justice system
and issues of child physical abuse, child neglect, child sexual abuse and
exploitation, and child maltreatment related fatalities. The State task
force shall include—
- individuals representing the law enforcement community;
- judges and attorneys involved in both civil and criminal court
proceedings related to child abuse and neglect (including individuals
involved with the defense as well as the prosecution of such cases);
- child advocates, including both attorneys for children and,
where such programs are in operation, court appointed special
advocates;
- health and mental health professionals;
- individuals representing child protective service agencies;
- individuals experienced in working with children with
disabilities;
- parents; and
- representatives of parents’ groups.
- EXISTING TASK FORCE.—As determined by the Secretary, a
State commission or task force established after January 1, 1983, with
substantially comparable membership and functions, may be considered the
State task force for purposes of this subsection.
- STATE TASK FORCE STUDY.—Before a State receives assistance
under this section, and at three year intervals thereafter, the State task force shall
comprehensively—
- review and evaluate State investigative, administrative and both
civil and criminal judicial handling of cases of child abuse and neglect,
particularly child sexual abuse and exploitation, as well as cases involving
suspected child maltreatment related fatalities and cases involving a
potential combination of jurisdictions, such as interstate, Federal-State, and
State-Tribal; and
- make policy and training recommendations in each of the categories
described in subsection (e) of this section.
The task force may make such other comments and recommendations as are
considered relevant and useful.
- ADOPTION OF STATE TASK FORCE RECOMMENDATIONS.—
- GENERAL RULE.—Subject to the provisions of paragraph (2),
before a State receives assistance under this section, a State shall adopt
recommendations of the State task force in each of the following
categories—
- investigative, administrative, and judicial handling of cases of
child abuse and neglect, particularly child sexual abuse and
exploitation, as well as cases involving suspected child maltreatment
related fatalities and cases involving a potential combination of
jurisdictions, such as interstate, Federal-State, and State-Tribal, in a
manner which reduces the additional trauma to the child victim and the
victim’s family and which also ensures procedural fairness to the
accused;
- experimental, model and demonstration programs for testing
innovative approaches and techniques which may improve the prompt
and successful resolution of civil and criminal court proceedings or
enhance the effectiveness of judicial and administrative action in child
abuse and neglect cases, particularly child sexual abuse and
exploitation cases, including the enhancement of performance of courtappointed
attorneys and guardians ad litem for children, and which also
ensure procedural fairness to the accused; and
- reform of State laws, ordinances, regulations, protocols and
procedures to provide comprehensive protection for children from
abuse, particularly child sexual abuse and exploitation, while ensuring
fairness to all affected persons.
- EXEMPTION.—As determined by the Secretary, a State shall be
considered to be in fulfillment of the requirements of this subsection if—
- the State adopts an alternative to the recommendations of the
State task force, which carries out the purpose of this section, in each of
the categories under paragraph (1) for which the State task force’s
recommendations are not adopted; or
- the State is making substantial progress toward adopting
recommendations of the State task force or a comparable alternative to
such recommendations.
- FUNDS AVAILABLE.—For grants under this section, the Secretary
shall use the amount authorized by section 1404A of the Victims of Crime Act
of 1984 [42 U.S.C 10603a].
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