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Child Abuse Prevention and Treatment Act
as Amended by the
Keeping Children and Families Safe Act of 2003
SECTION III: THE ABANDONED INFANTS ASSISTANCE ACT (AIAA)
SEC. 101. ESTABLISHMENT OF LOCAL PROJECTS. [42 U.S.C. 670,
Note]
[This section was amended by sec. 302 of P.L. 108-36.]
- IN GENERAL.—The Secretary of Health and Human Services may
make grants to public and nonprofit private entities for the purpose of
developing, implementing, and operating projects to demonstrate methods—
- to prevent the abandonment of infants and young children,
including the provision of services to members of the natural family for any
condition that increases the probability of abandonment of an infant or
young child;
- to identify and address the needs of abandoned infants and young
children;
- to assist abandoned infants and young children to reside with their
natural families or in foster care, as appropriate;
- to recruit, train, and retain foster families for abandoned infants and
young children;
- to carry out residential care programs for abandoned infants and
young children who are unable to reside with their families or to be placed
in foster care;
- to carry out programs of respite care for families and foster families
of infants and young children described in subsection (b);
- to recruit and train health and social services personnel to work with
families, foster care families, and residential care programs for abandoned
infants and young children; and
- to prevent the abandonment of infants and young children, and to
care for the infants and young children who have been abandoned, through
model programs providing health, educational, and social services at a
single site in a geographic area in which a significant number of infants and
young children described in subsection (b) reside (with special
consideration given to applications from entities that will provide the
services of the project through community-based organizations).
- PRIORITY IN PROVISION OF SERVICES.—The Secretary may not
make a grant under subsection (a) unless the applicant for the grant agrees to
give priority to abandoned infants and young children who—
- are infected with, or have been perinatally exposed to, the human
immunodeficiency virus, or have a life-threatening illness or other special
medical need; or
- have been perinatally exposed to a dangerous drug.
- CASE PLAN WITH RESPECT TO FOSTER CARE.—The Secretary
may not make a grant under subsection (a) unless the applicant for the grant
agrees that, if the applicant expends the grant to carry out any program of
providing care to infants and young children in foster homes or in other
nonmedical residential settings away from their parents, the applicant will
ensure that—
- a case plan of the type described in paragraph (1) of section 475 of
the Social Security Act [42 U.S.C. 675(1)] is developed for each such infant
and young child (to the extent that such infant and young child is not
otherwise covered by such a plan); and
- the program includes a case review system of the type described in
paragraph (5) of such section (covering each such infant and young child
who is not otherwise subject to such a system).
- ADMINISTRATION OF GRANT.—
- The Secretary may not make a grant under subsection (a) unless the
applicant for the grant agrees—
- to use the funds provided under this section only for the
purposes specified in the application submitted to, and approved by, the
Secretary pursuant to subsection (e);
- to establish such fiscal control and fund accounting procedures
as may be necessary to ensure proper disbursement and accounting of
Federal funds paid to the applicant under this section;
- to report to the Secretary annually on the utilization, cost, and
outcome of activities conducted, and services furnished, under this
section; and
- that if, during the majority of the 180-day period preceding the
date of the enactment of this Act2, the applicant has carried out any
program with respect to the care of abandoned infants and young
children, the applicant will expend the grant only for the purpose of
significantly expanding, in accordance with subsection (a), activities
under such program above the level provided under such program
during the majority of such period.
- Subject to the availability of amounts made available in
appropriations Acts for the fiscal year involved, the duration of a grant
under subsection (a) shall be for a period of 3 years, except that the
Secretary—
- may terminate the grant if the Secretary determines that the
entity involved has substantially failed to comply with the agreements
required as a condition of the provision of the grant; and
- shall continue the grant for one additional year if the Secretary
determines that the entity has satisfactorily complied with such
agreements.
- REQUIREMENT OF APPLICATION.—The Secretary may not make a
grant under subsection (a) unless—
- an application for the grant is submitted to the Secretary;
- with respect to carrying out the purpose for which the grant is to be
made, the application provides assurances of compliance satisfactory to the
Secretary; and
- the application otherwise is in such form, is made in such manner,
and contains such agreements, assurances, and information as the Secretary
determines to be necessary to carry out this section.
- TECHNICAL ASSISTANCE TO GRANTEES.—The Secretary may,
without charge to any grantee under subsection (a), provide technical assistance
(including training) with respect to the planning, development, and operation of
projects described in such subsection. The Secretary may provide such technical
assistance directly, through contracts, or through grants.
- TECHNICAL ASSISTANCE WITH RESPECT TO PROCESS OF
APPLYING FOR GRANT.—The Secretary may provide technical assistance
(including training) to public and nonprofit private entities with respect to the
process of applying to the Secretary for a grant under subsection (a). The
Secretary may provide such technical assistance directly, through contracts, or
through grants.
- PRIORITY REQUIREMENT.—In making grants under subsection (a),
the Secretary shall give priority to applicants located in States that have
developed and implemented procedures for expedited termination of parental
rights and placement for adoption of infants determined to be abandoned under
State law.
2 October 18, 1988 (Back to text)
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