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State of Alaska Law Links

Important: Alaska Statute 47.17.020 has been updated to reflect changes to go into effect on Sept 1, 2020.

Chapter 47.17 CHILD PROTECTION

Sec. 47.17.010. Purpose.

To protect children whose health and well-being may be adversely affected through the infliction, by other than accidental means, of harm through physical injury or neglect, mental injury, sexual abuse, sexual exploitation, or maltreatment, the legislature requires the reporting of these cases by practitioners of the healing arts and others to the department. It is not the intent of the legislature that persons required to report suspected child abuse or neglect under this chapter investigate the suspected child abuse or neglect before they make the required report to the department. Reports must be made when there is a reasonable cause to suspect child abuse or neglect in order to make state investigative and social services available in a wider range of cases at an earlier point in time, to make sure that investigations regarding child abuse and neglect are conducted by trained investigators, and to avoid subjecting a child to duplicative interviews about the abuse or neglect. It is the intent of the legislature that, as a result of these reports, protective services will be made available in an effort to

  1. 1. prevent further harm to the child;
  2. 2. safeguard and enhance the general well-being of children in this state; and
  3. 3. preserve family life unless that effort is likely to result in physical or emotional damage to the child.

Sec. 47.17.020. Persons required to report.

  1. a. The following persons who, in the performance of their occupational duties, or with respect to (8) of this subsection, in the performance of their appointed duties, have reasonable cause to suspect that a child has suffered harm as a result of child abuse or neglect shall immediately report the harm to the nearest office of the department and, if the harm appears to be a result of a suspected sex offense, shall immediately report the harm to the nearest law enforcement agency:
    1. 1. practitioners of the healing arts;
    2. 2. school teachers and school administrative staff members, including athletic coaches, of public and private schools;
    3. 3. peace officers and officers of the Department of Corrections;
    4. 4. administrative officers of institutions;
    5. 5. child care providers;
    6. 6. paid employees of domestic violence and sexual assault programs, and crisis intervention and prevention programs as defined in AS 18.66.990;
    7. 7. paid employees of an organization that provides counseling or treatment to individuals seeking to control their use of drugs or alcohol;
    8. 8. members of a child fatality review team established under AS 12.65.015(e) or 12.65.120 or the multidisciplinary child protection team created under AS 47.14.300.
    9. 9. volunteers who interact with children in a public or private school for more than four hours a week.
  2. b. This section does not prohibit the named persons from reporting cases that have come to their attention in their nonoccupational capacities, nor does it prohibit any other person from reporting a child's harm that the person has reasonable cause to suspect is a result of child abuse or neglect. These reports shall be made to the nearest office of the department.
  3. c. If the person making a report of harm under this section cannot reasonably contact the nearest office of the department and immediate action is necessary for the well-being of the child, the person shall make the report to a peace officer. The peace officer shall immediately take action to protect the child and shall, at the earliest opportunity, notify the nearest office of the department.
  4. d. This section does not require a religious healing practitioner to report as neglect of a child the failure to provide medical attention to the child if the child is provided treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by an accredited practitioner of the church or denomination.
  5. e. The department shall immediately notify the nearest law enforcement agency if the department
    1. 1. concludes that the harm was caused by a person who is not responsible for the child's welfare;
    2. 2. is unable to determine
      1. A. who caused the harm to the child; or
      2. B. whether the person who is believed to have caused the harm has responsibility for the child's welfare; or
    3. 3. concludes that the report involves
      1. A. possible criminal sex abuse or sex offenses under AS 11.41.410 - 11.41.458, AS 11.61.116, 1161.118(a)(2), 11.61.120(a)(6), 11.61.123, or 11.61.128, including sex offenses committed by a minor against a minor; or
      2. B. abuse or neglect that results in the need for medical treatment of the child.
  6. f. If a law enforcement agency determines that a child has been abused or neglected and that (1) the harm was caused by a teacher or other person employed by the school or school district in which the child is enrolled as a student, (2) the harm occurred during an activity sponsored by the school or school district in which the child is enrolled as a student, or (3) the harm occurred on the premises of the school in which the child is enrolled as a student or on the premises of a school within the district in which the child is enrolled as a student, the law enforcement agency shall notify the chief administrative officer of the school or district in which the child is enrolled immediately after the agency determines that a child has been abused or neglected under the circumstances set out in this section, except that if the person about whom the report has been made is the chief administrative officer or a member of the chief administrative officer's immediate family, the law enforcement agency shall notify the commissioner of education and early development that the child has been abused or neglected under the circumstances set out in this section. The notification must set out the factual basis for the law enforcement agency's determination. If the notification involves a person in the teaching profession, as defined in AS 14.20.370, the law enforcement agency shall send a copy of the notification to the Professional Teaching Practices Commission.
  7. g. A person required to report child abuse or neglect under (a) of this section who makes the report to the person's job supervisor or to another individual working for the entity that employs the person is not relieved of the obligation to make a report required under (a) of this section.
  8. h. This section does not require a person required to report child abuse or neglect under (a)(6) of this section to report mental injury to a child as a result of exposure to domestic violence so long as the person has reasonable cause to believe that the child is in safe and appropriate care and not presently in danger of mental injury as a result of exposure to domestic violence.
  9. i. This section does not require a person required to report child abuse or neglect under (a)(7) of this section to report the resumption of use of an intoxicant as described in AS 47.10.011(10) so long as the person does not have reasonable cause to suspect that a child has suffered harm as a result of the resumption.

Sec. 47.17.022. Training.

  1. a. A person employed by the state or by a school district who is required under this chapter to report abuse or neglect of children shall receive training on the recognition and reporting of child abuse and neglect.
  2. b. Each department of the state and school district that employs persons required to report abuse or neglect of children shall provide
    1. 1. initial training required by this section to each new employee within 45 days after the first day  of employment, and to any existing employee who has not received equivalent training; and
    2. 2. appropriate in-service training required by this section as determined by the department or school district.
  3. c. Each department and school district that must comply with (b) of this section shall develop a training curriculum that acquaints its employees with
    1. 1. laws relating to child abuse and neglect;
    2. 2. techniques for recognition and detection of child abuse and neglect;
    3. 3. agencies and organizations within the state that offer aid or shelter to victims and the families of victims of child abuse or neglect;
    4. 4. procedures for required notification of suspected abuse or neglect;
    5. 5. the role of a person required to report child abuse or neglect and the employing agency after the report has been made; and
    6. 6. a brief description of the manner in which cases of child abuse or neglect are investigated by the department and law enforcement agencies after a report of suspected abuse or neglect.
  4. d. Each department and school district that must comply with (b) of this section shall file a current copy of its training curriculum and materials with the Council on Domestic Violence and Sexual Assault. A department or school district may seek the technical assistance of the council or the Department of Health and Social Services in the development of its training program.
  5. e. Each school district that provides training under this section shall provide notice to public and private schools located in the district of the availability of the training and invite volunteers who are required to report abuse or neglect of children under AS 47.17.020 to participate in the training at no cost to the volunteer.

Sec. 47.17.023. Reports from certain persons regarding child pornography.

A person providing, either privately or commercially, film, photo, or visual or printed matter processing, production, or finishing services or computer installation, repair, or other services, or Internet or cellular telephone services who, in the process of providing those services, observes a film, photo, picture, computer file, image, or other matter and has reasonable cause to suspect that the film, photo, picture, computer file, image, or other matter visually depicts a child engaged in conduct described in AS 11.41.455(a) shall immediately report the observation to the nearest law enforcement agency and provide the law enforcement agency with all information known about the nature and origin of the film, photo, picture, computer file, image, or other matter.

Sec. 47.17.024. Duties of practitioners of the healing arts.

  1. a. A practitioner of the healing arts involved in the delivery or care of an infant who the practitioner determines has been adversely affected by, or is withdrawing from exposure to, a controlled substance or alcohol shall immediately notify the nearest office of the department of the infant's condition.
  2. b. In this section,
    1. 1. "controlled substance" has the meaning given in AS 11.71.900, but does not include a substance lawfully taken under a prescription from a health care provider who is authorized to prescribe the substance;
    2. 2. "infant" means a child who is less than 12 months of age.

Sec. 47.17.025. Duties of public authorities.

  1. a. A law enforcement agency shall immediately notify the department of the receipt of a report of harm to a child from abuse. Upon receipt from any source of a report of harm to a child from abuse, the department shall notify the Department of Law and investigate the report and, within 72 hours of the receipt of the report, shall provide a written report of its investigation of the harm to a child from abuse to the Department of Law for review.
  2. b. The report of harm to a child from abuse required from the department by this section must include:
    1. 1. the names and addresses of the child and the child's parent or other persons responsible for the child's care, if known;
    2. 2. the age and sex of the child;
    3. 3. the nature and extent of the harm to the child from abuse;
    4. 4. the name and age and address of the person known or believed to be responsible for the harm to the child from abuse, if known;
    5. 5. information that the department believes may be helpful in establishing the identity of the person believed to have caused the harm to the child from abuse.
  3. c. Within 20 days after receiving a report of harm, whether or not the matter is referred to a local government agency, the department shall notify the person who made the report and who made a request to be notified about the status of the investigation, without disclosing any confidential information.

Sec. 47.17.027. Duties of school officials.

  1. a. If the department or a law enforcement agency provides written certification to the child's school officials that
    1. 1. there is reasonable cause to suspect that the child has been abused or neglected by a person responsible for the child's welfare or as a result of conditions created by a person responsible for the child's welfare;
    2. 2. an interview at school is a necessary part of an investigation to determine whether the child has been abused or neglected; and
    3. 3. the interview at school is in the best interests of the child, school officials shall permit the child to be interviewed at school by the department or a law enforcement agency before notification of, or receiving permission from, the child's parent, guardian, or custodian. A school official shall be present during an interview at the school unless the child objects or the department or law enforcement agency determines that the presence of the school official will interfere with the investigation. The interview shall be conducted as required under AS 47.17.033. Immediately after conducting an interview authorized under this section, and after informing the child of the intention to notify the child's parent, guardian, or custodian, the department or agency shall make every reasonable effort to notify the child's parent, guardian, or custodian that the interview occurred unless it appears to the department or agency that notifying the child's parent, guardian, or custodian would endanger the child.
  2. b. A school official who, with criminal negligence, discloses information learned during an interview conducted under (a) of this section is guilty of a class B misdemeanor.

Sec. 47.17.030. Action on reports; termination of parental rights.

  1. a. If a child, concerning whom a report of harm is made, is believed to reside within the boundaries of a local government exercising health functions for the area in which the child is believed to reside, the department may, upon receipt of the report, refer the matter to the appropriate health or social services agency of that local government. For cases not referred to an agency of a local government, the department shall, for each report received, investigate and take action, in accordance with law, that may be necessary to prevent further harm to the child or to ensure the proper care and protection of the child.
  2. b. A local government health or social services agency receiving a report of harm shall, for each report received, investigate and take action, in accordance with law, that may be necessary to prevent further harm to the child or to ensure the proper care and protection of the child. In addition, the agency receiving a report of harm shall forward a copy of its report of the investigation, including information the department requires by regulation, to the department.
  3. c. Action shall be taken regardless of whether the identity of the person making the report of harm is known.
  4. d. Before the department or a local government health or social services agency may seek the termination of parental rights under AS 47.10, it shall offer protective social services and pursue all other reasonable means of protecting the child.
  5. e. In all actions taken by the department or a health and social services agency of a local government under this chapter that result in a judicial proceeding, the child shall be represented by a guardian ad litem in that proceeding. Appointment of a guardian ad litem shall be made in accordance with AS 25.24.310.
  6. f. If an investigation under this section shows reasonable cause to believe that a certified nurse aide has committed abuse, neglect, or misappropriation of property, the department shall report the matter to the Board of Nursing.
  7. g. When the department or a local government health or social services agency
    1. 1. completes an investigation of a report of harm concerning a child,
    2. 2. determines, based on the investigation findings, that department or local agency services to protect the child are not required, and
    3. 3. identifies an appropriate community organization that will actively reach out to families to provide needed support services, the department or local government health or social services agency shall seek the written consent of the child's parent or guardian to refer the family to the community organization. If the parent or guardian consents to the referral, the department or local government health or social services agency shall refer the parent or guardian to the community organization identified by the department. If the child has more than one parent or guardian and only one parent or guardian consents to the referral, the department or local government health or social services agency shall refer the parent or guardian who consents to the community organization but may not provide information to the community organization concerning the parent or guardian who does not consent to the referral. A community organization that receives information from the department or a local government health or social services agency under this subsection may not disclose the information to a person who is not authorized by law to receive it.

Sec. 47.17.033. Investigations and interviews.

  1. a. In investigating child abuse and neglect reports under this chapter, the department may make necessary inquiries about the criminal records of the parents or of the alleged abusive or neglectful person, including inquiries about the existence of a criminal history record involving a serious offense as defined in AS 12.62.900.
  2. b. For purposes of obtaining access to information needed to conduct the inquiries required by (a) of this section, the department is a criminal justice agency conducting a criminal justice activity.
  3. c. An investigation by the department or another investigating agency of child abuse or neglect reported under this chapter shall be conducted by a person trained to conduct a child abuse and neglect investigation and without subjecting a child to duplicative interviews about the abuse or neglect except when new information is obtained that requires further information from the child.
  4. d. An interview of a child conducted as a result of a report of harm may be audiotaped or videotaped. If an interview of a child concerns a report of sexual abuse of the child by a parent or caretaker of the child, the interview shall be videotaped, unless videotaping the interview is not feasible or will, in the opinion of the investigating agency, result in trauma to the child.
  5. e. An interview of a child that is audiotaped or videotaped under (d) of this section shall be conducted
    1. 1. by a person trained and competent to conduct the interview;
    2. 2. if available, at a child advocacy center; and
    3. 3. by a person who is a party to a memorandum of understanding with the department to conduct the interview or who is employed by an agency that is authorized to conduct investigations.
  6. f. An interview of a child may not be videotaped more than one time unless the interviewer or the investigating agency determines that one or more additional interviews are necessary to complete an investigation. If additional interviews are necessary, the additional interviews shall be conducted, to the extent possible, by the same interviewer who conducted the initial interview of the child.
  7. g. A recorded interview of a child shall be preserved in the manner and for a period provided by law for maintaining evidence and records of a public agency.
  8. h. A recorded interview of a child is subject to disclosure under the applicable court rules for discovery in a civil or criminal case.
  9. i. The training required under (c) of this section must address the constitutional and statutory rights of children and families that apply throughout the investigation and department intervention. The training must inform department representatives of the applicable legal duties to protect the rights and safety of a child and the child's family.
  10. j. During a joint investigation by the department and a law enforcement agency, the department shall coordinate an investigation of child abuse or neglect with the law enforcement agency to ensure that the possibility of a criminal charge is not compromised.
  11. k. Unless a law enforcement official prohibits or restricts notification under (j) of this section, at the time of initial contact with a person alleged to have committed child abuse or neglect, the department shall notify the person of the specific complaint or allegation made against the person, except that the identity of the complainant may not be revealed.
  12. l. In this section, "child advocacy center" means a facility operated with a child-focused, community partnership committed to a multidisciplinary team approach that includes representatives from law enforcement, child protection, criminal prosecution, victim advocacy, and the medical and mental health fields who collaborate and assist in investigating allegations of sexual or other abuse and neglect of children.

Sec. 47.17.035. Duties of department in domestic violence cases.

  1. a. In consultation with the Council on Domestic Violence and Sexual Assault, the department shall develop written procedures for screening reports of harm for abuse and neglect of a child to assess whether there is domestic violence occurring within the family. The procedures must include the following factors:
    1. 1. inquiry concerning the criminal records of the parents or of the alleged abusive or neglectful person or the alleged perpetrator if not the parent of the child; and
    2. 2. inquiry concerning the existence of protective orders issued or filed under AS 18.66.100 - 18.66.180 involving either parent as a petitioner or respondent.
  2. b. If the department determines in an investigation of abuse or neglect of a child that
    1. 1. the child is in danger because of domestic violence or that the child needs protection as a result of the presence of domestic violence in the family, the department shall take appropriate steps for the protection of the child; in this paragraph, "appropriate steps" includes
      1. A. reasonable efforts to protect the child and prevent the removal of the child from the parent or guardian who is not a domestic violence offender;
      2. B. reasonable efforts to remove the alleged domestic violence offender from the child's residence if it is determined that the child or another family or household member is in danger of domestic violence; and
      3. C. services to help protect the child from being placed or having unsupervised visitation with the domestic violence offender until the department determines that the offender has met conditions considered necessary by the department to protect the safety of the domestic violence victim and household members;
    2. 2. a person is the victim of domestic violence, the department shall provide the victim with a written notice of the rights of and services available to victims of domestic violence that is substantially similar to the notice provided to victims of domestic violence under AS 18.65.520.
  3. c. For purposes of obtaining access to information needed to conduct the inquiries required by (a)(1) and (2) of this section, the department is a criminal justice agency conducting a criminal justice activity.
  4. d. A person may not bring a civil action for damages for a failure to comply with the provisions of this section.
  5. e. In this section,
    1. 1. "criminal justice activity" has the meaning given in AS 12.62.900;
    2. 2. "criminal justice agency" has the meaning given in AS 12.62.900;
    3. 3. "domestic violence" has the meaning given in AS 18.66.990.

Sec. 47.17.040. Central registry; confidentiality.

  1. a. The department shall maintain a child protection registry of all investigation reports, including substantiated findings under AS 47.10 or AS 47.17.
  2. b. Investigation reports and reports of harm filed under this chapter are considered confidential and are not subject to public inspection and copying under AS 40.25.110 and 40.25.120. However, in accordance with department regulations, investigation reports, including substantiated findings  under AS 47.10 or AS 47.17 may be used by appropriate governmental agencies with child-protection functions, inside and outside the state, in connection with investigations or judicial proceedings involving child abuse, neglect, or custody and in conjunction with  licensing action under AS 47.32 or similar statute in another state. A person, not acting in accordance with department regulations, who with criminal negligence makes public information contained in confidential reports is guilty of a class B misdemeanor.

Sec. 47.17.050. Immunity.

  1. a. Except as provided in (b) of this section, a person who, in good faith, makes a report under this chapter, permits an interview under AS 47.17.027, or participates in judicial proceedings related to the submission of reports under this chapter, is immune from civil or criminal liability that might otherwise be incurred or imposed for making the report or permitting the interview, except that a person who knowingly makes an untimely report is not immune from civil or criminal liability based on the delay in making the report.
  2. b. Notwithstanding (a) of this section, a person accused of committing the child abuse or neglect is not immune from civil or criminal liability for the child abuse or neglect as a result of reporting the child abuse or neglect.

Sec. 47.17.060. Evidence not privileged.

Neither the physician-patient nor the husband-wife privilege is a ground for excluding evidence regarding a child's harm, or its cause, in a judicial proceeding related to a report made under this chapter.

Sec. 47.17.064. Photographs and x-rays.

  1. a. The department or a practitioner of the healing arts may, without the permission of the parents, guardian, or custodian, take the following actions with regard to a child who the department or practitioner has reasonable cause to suspect has suffered physical harm as a result of child abuse or neglect:
    1. 1. take or have taken photographs of the areas of trauma visible on the child; and
    2. 2. if medically indicated, have a medical or radiological examination of the child performed by a person who is licensed to administer the examination.
  2. b. The department or a practitioner of the healing arts shall notify the parents, guardian, or custodian of a child as soon as possible after taking action under (a) of this section with regard to the child.

Sec. 47.17.068. Penalty for failure to report.

A person who fails to comply with the provisions of AS 47.17.020 or 47.17.023 and who knew or should have known that the circumstances gave rise to the need for a report, is guilty of a class A misdemeanor.

Sec. 47.17.069. Protective injunctions.

  1. (a) A court may enjoin or limit a person from contact with a child if the attorney general establishes by a preponderance of the evidence that the person
    1. (1) has sexually abused a child;
    2. (2) has physically abused a child; or
    3. (3) has engaged in conduct that constitutes a clear and present danger to the mental, emotional, or physical welfare of a child.
  2. (b) This section does not limit the authority of the attorney general or the court to act to protect a child.

Sec. 47.17.290. Definitions.

In this chapter,

  1. 1. "athletic coach" means
    1. A. a paid leader or assistant of a sports team; or
    2. B. a volunteer leader or assistant leader of a sports team who volunteers for more than four hours a week.
  2. 2. "child" means a person under 18 years of age;
  3. 3. "child abuse or neglect" means the physical injury or neglect, mental injury, sexual abuse, sexual exploitation, or maltreatment of a child under the age of 18 by a person under circumstances that indicate that the child's health or welfare is harmed or threatened thereby; in this paragraph, "mental injury" means an injury to the emotional well-being, or intellectual or psychological capacity of a child, as evidenced by an observable and substantial impairment in the child's ability to function;
  4. 4. "child care provider" means an adult individual, including a foster parent or an employee of an organization, who provides care and supervision to a child for compensation or reimbursement;
  5. 5. "criminal negligence" has the meaning given in AS 11.81.900;
  6. 6. "department means the Department of Health and Social Services;
  7. 7. "immediately" means as soon as is reasonably possible, and no later than 24 hours;
  8. 8. "institution" means a private or public hospital or other facility providing medical diagnosis, treatment, or care;
  9. 9. "maltreatment" means an act or omission that results in circumstances in which there is reasonable cause to suspect that a child may be a child in need of aid, as described in AS 47.10.011, except that, for purposes of this chapter, the act or omission need not have been committed by the child's parent, custodian, or guardian;
  10. 10. "mental injury" means a serious injury to the child as evidenced by an observable and substantial impairment in the child's ability to function in a developmentally appropriate manner and the existence of that impairment is supported by the opinion of a qualified expert witness;
  11. 11. "neglect" means the failure by a person responsible for the child's welfare to provide necessary food, care, clothing, shelter, or medical attention for a child;
  12. 12. "organization" means a group or entity that provides care and supervision for compensation to a child not related to the caregiver, and includes a child care facility, pre-elementary school, head start center, child foster home, residential child care facility, recreation program, children's camp, and children's club;
  13. 13. "person responsible for the child's welfare" means the child's parent, guardian, foster parent, a person responsible for the child's care at the time of the alleged child abuse or neglect, or a person responsible for the child's welfare in a public or private residential agency or institution;
  14. 14. "practitioner of the healing arts" includes athletic trainers, chiropractors, mental health counselors, social workers, dental hygienists, dentists, health aides, nurses, nurse practitioners, certified nurse aides, occupational therapists, occupational therapy assistants, optometrists, osteopaths, naturopaths, physical therapists, physical therapy assistants, physicians, physician's assistants, psychiatrists, psychologists, psychological associates, audiologists and speech-language pathologists licensed under AS 08.11, hearing aid dealers licensed under AS 08.55, marital and family therapists licensed under AS 08.63, behavior analysts, assistant behavior analysts, religious healing practitioners, acupuncturists, and surgeons;
  15. 15. "reasonable cause to suspect" means cause, based on all the facts and circumstances known to the person, that would lead a reasonable person to believe that something might be the case;
  16. 16. "school district" means a city or borough school district or regional educational attendance area;
  17. 17. "sexual exploitation" includes
    1. A. allowing, permitting, or encouraging a child to engage in prostitution prohibited by AS 11.66.100 - 11.66.150, by a person responsible for the child's welfare;
    2. B. allowing, permitting, encouraging, or engaging in activity prohibited by AS 11.41.455(a), by a person responsible for the child's welfare.
  18. 18. “sex offense” has the meaning given as in AS 12.63.100

Federal Statutes

The full text for each United States Statute cited in the training is provided below. This content was acquired from the U.S. Government Publishing Office www.gpo.gov.

Chapter 5, Section 1169 — Indians, Reporting of child abuse

https://www.gpo.gov/fdsys/pkg/USCODE-2011-title18/html/USCODE-2011-title18-partI-chap53-sec1169.htm

18 U.S.C.
United States Code, 2011 Edition
Title 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 53 - INDIANS
Sec. 1169 - Reporting of child abuse
From the U.S. Government Printing Office, www.gpo.gov

§1169. Reporting of child abuse

  1. a. Any person who—
    1. 1. is a—
      1. A. physician, surgeon, dentist, podiatrist, chiropractor, nurse, dental hygienist, optometrist, medical examiner, emergency medical technician, paramedic, or health care provider,
      2. B. teacher, school counselor, instructional aide, teacher's aide, teacher's assistant, or bus driver employed by any tribal, Federal, public or private school,
      3. C. administrative officer, supervisor of child welfare and attendance, or truancy officer of any tribal, Federal, public or private school,
      4. D. child day care worker, headstart teacher, public assistance worker, worker in a group home or residential or day care facility, or social worker,
      5. E. psychiatrist, psychologist, or psychological assistant,
      6. F. licensed or unlicensed marriage, family, or child counselor,
      7. G. person employed in the mental health profession, or
      8. H. law enforcement officer, probation officer, worker in a juvenile rehabilitation or detention facility, or person employed in a public agency who is responsible for enforcing statutes and judicial orders;
    2. 2. knows, or has reasonable suspicion, that—
      1. A. a child was abused in Indian country, or
      2. B. actions are being taken, or are going to be taken, that would reasonably be expected to result in abuse of a child in Indian country; and
    3. 3. fails to immediately report such abuse or actions described in paragraph (2) to the local child protective services agency or local law enforcement agency, shall be fined under this title or imprisoned for not more than 6 months or both.
  2. b. Any person who—
    1. 1. supervises, or has authority over, a person described in subsection (a)(1), and
    2. 2. inhibits or prevents that person from making the report described in subsection (a), shall be fined under this title or imprisoned for not more than 6 months or both.
  3. c. For purposes of this section, the term—
    1. 1. “abuse” includes—
      1. A. any case in which—
        1. i. a child is dead or exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling, and
        2. ii. such condition is not justifiably explained or may not be the product of an accidental occurrence; and
      2. B. ny case in which a child is subjected to sexual assault, sexual molestation, sexual exploitation, sexual contact, or prostitution;
    2. 2. “child” means an individual who—
      1. A. is not married, and
      2. B. has not attained 18 years of age;
    3. 3. “local child protective services agency” means that agency of the Federal Government, of a State, or of an Indian tribe that has the primary responsibility for child protection on any Indian reservation or within any community in Indian country; and
    4. 4. “local law enforcement agency” means that Federal, tribal, or State law enforcement agency that has the primary responsibility for the investigation of an instance of alleged child abuse within the portion of Indian country involved.
  4. d. Any person making a report described in subsection (a) which is based upon their reasonable belief and which is made in good faith shall be immune from civil or criminal liability for making that report.

(Added Pub. L. 101–630, title IV, §404(a)(1), Nov. 28, 1990, 104 Stat. 4547; amended Pub. L. 103–322, title XXXIII, §§330011(d), 330016(1)(K), Sept. 13, 1994, 108 Stat. 2144, 2147; Pub. L. 104–294, title VI, §604(b)(25), Oct. 11, 1996, 110 Stat. 3508.)

Amendments

1996—Pub. L. 104–294 amended directory language of Pub. L. 103–322, §330011(d). See 1994 Amendment note below. 1994—Pub. L. 103–322, §330011(d), as amended by Pub. L. 104–294, amended directory language of Pub. L. 101–630, §404(a)(1), which enacted this section. Subsecs. (a), (b). Pub. L. 103–322, §330016(1)(K), substituted “fined under this title” for “fined not more than $5,000” in concluding provisions.

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–294 effective Sept. 13, 1994, see section 604(d) of Pub. L. 104–294, set out as a note under section 13 of this title.

Effective Date of 1994 Amendment

Section 330011(d) of Pub. L. 103–322, as amended by Pub. L. 104–294, §604(b)(25), provided that the amendment made by that section is effective on the date section 404(a) of Pub. L. 101–630 took effect.

Chapter 34, Section 3202 — Indian Child Protection And Family Violence Prevention, Definitions

https://www.gpo.gov/fdsys/pkg/USCODE-2011-title25/html/USCODE-2011-title25-chap34-sec3202.htm

25 U.S.C.
United States Code, 2011 Edition
Title 25 - INDIANS
CHAPTER 34 - INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION
Sec. 3202 - Definitions
From the U.S. Government Printing Office, www.gpo.gov

§3202. Definitions

For the purposes of this chapter, the term—

  1. 1. “Bureau” means the Bureau of Indian Affairs of the Department of the Interior;
  2. 2. “child” means an individual who—
    1. A. is not married, and
    2. B. has not attained 18 years of age;
  3. 3. “child abuse” includes but is not limited to—
    1. A. any case in which—
      1. i. a child is dead or exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling, and
      2. ii. such condition is not justifiably explained or may not be the product of an accidental occurrence; and
    2. B. any case in which a child is subjected to sexual assault, sexual molestation, sexual exploitation, sexual contact, or prostitution;
  4. 4. “child neglect” includes but is not limited to, negligent treatment or maltreatment of a child by a person, including a person responsible for the child's welfare, under circumstances which indicate that the child's health or welfare is harmed or threatened thereby;
  5. 5. “family violence” means any act, or threatened act, of violence, including any forceful detention of an individual, which—
    1. A. results, or threatens to result, in physical or mental injury, and
    2. B. is committed by an individual against another individual—
      1. i. to whom such person is, or was, related by blood or marriage or otherwise legally related, or
      2. ii. with whom such person is, or was, residing;
  6. 6. “Indian” means any individual who is a member of an Indian tribe;
  7. 7. “Indian child” has the meaning given to such term by section 1903(4) of this title;
  8. 8. “Indian country” has the meaning given to such term by section 1151 of title 18;
  9. 9. “Indian reservation” means any Indian reservation, public domain Indian allotment, former Indian reservation in Oklahoma, or lands held by incorporated Native groups, regional corporations, or village corporations under the provisions of the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.);
  10. 10. “Indian tribe” and “tribal organization” have the respective meanings given to each of such terms under section 450b of this title;
  11. 11. “inter-tribal consortium” means a partnership between—
    1. A. an Indian tribe or tribal organization of an Indian tribe, and
    2. B. one or more Indian tribes or tribal organizations of one or more other Indian tribes;
  12. 12. “local child protective services agency” means that agency of the Federal Government, of a State, or of an Indian tribe that has the primary responsibility for child protection on any Indian reservation or within any community in Indian country;
  13. 13. “local law enforcement agency” means that Federal, tribal, or State law enforcement agency that has the primary responsibility for the investigation of an instance of alleged child abuse within the portion of Indian country involved;
  14. 14. “persons responsible for a child's welfare” means any person who has legal or other recognized duty for the care and safety of a child, including—
    1. A. any employee or volunteer of a children's residential facility, and
    2. B. any person providing out-of-home care, education, or services to children;
  15. 15. “related assistance”—
    1. A. includes counseling and self-help services to abusers, victims, and dependents in family violence situations (which shall include counseling of all family members to the extent feasible) and referrals for appropriate health-care services (including alcohol and drug abuse treatment), and
    2. B. may include food, clothing, child care, transportation, and emergency services for victims of family violence and their dependents;
  16. 16. “Secretary” means the Secretary of the Interior;
  17. 17. “shelter” means the provision of temporary refuge and related assistance in compliance with applicable Federal and tribal laws and regulations governing the provision, on a regular basis, of shelter, safe homes, meals, and related assistance to victims of family violence or their dependents; and
  18. 18. “Service” means the Indian Health Service of the Department of Health and Human Services.
    (Pub. L. 101–630, title IV, §403, Nov. 28, 1990, 104 Stat. 4545.)

References in Text

The Alaska Native Claims Settlement Act, referred to in par. (9), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, as amended, which is classified generally to chapter 33 (§1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.

Chapter 67, Section 5106 — Child Abuse Prevention And Treatment And Adoption Reform

https://www.gpo.gov/fdsys/pkg/USCODE-2010-title42/html/USCODE-2010-title42-chap67-subchapI-sec5106g.htm

42 U.S.C.
United States Code, 2010 Edition
Title 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION REFORM
SUBCHAPTER I - GENERAL PROGRAM
Sec. 5106g - Definitions
From the U.S. Government Printing Office, www.gpo.gov

§5106g. Definitions

For purposes of this subchapter—

  1. 1. the term “Alaska Native” has the meaning given the term “Native” in section 1602 of title 43;
  2. 2. the term “infant or toddler with a disability” has the meaning given the term in section 1432 of title 20;
  3. 3. the term “Native Hawaiian” has the meaning given the term in section 7517 of title 20;
  4. 4. the term “sexual abuse” includes—
    1. A. the employment, use, persuasion, inducement, enticement, or coercion of any child to engage in, or assist any other person to engage in, any sexually explicit conduct or simulation of such conduct for the purpose of producing a visual depiction of such conduct; or
    2. B. the rape, and in cases of caretaker or inter-familial relationships, statutory rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children; and
  5. 5. the term “withholding of medically indicated treatment” means the failure to respond to the infant's life-threatening conditions by providing treatment (including appropriate nutrition, hydration, and medication) which, in the treating physician's or physicians’ reasonable medical judgment, will be most likely to be effective in ameliorating or correcting all such conditions, except that the term does not include the failure to provide treatment (other than appropriate nutrition, hydration, or medication) to an infant when, in the treating physician's or physicians’ reasonable medical judgment—
    1. A. the infant is chronically and irreversibly comatose;
    2. B. the provision of such treatment would—
      1. i. merely prolong dying;
      2. ii. not be effective in ameliorating or correcting all of the infant's life-threatening conditions; or
      3. iii. otherwise be futile in terms of the survival of the infant; or
    3. C. the provision of such treatment would be virtually futile in terms of the survival of the infant and the treatment itself under such circumstances would be inhumane; 1

(b) Special rule

(1) In general
For purposes of section 3(2) 1 and subsection (a)(4), a child shall be considered a victim of "child abuse and neglect" and of "sexual abuse" if the child is identified, by a State or local agency employee of the State or locality involved, as being a victim of sex trafficking (as defined in paragraph (10) 1 of section 7102 of title 22) or a victim of severe forms of trafficking in persons described in paragraph (9)(A) 1 of that section.

(2) State option
Notwithstanding the definition of "child" in section 3(1),1 a State may elect to define that term for purposes of the application of paragraph (1) to section 3(2) 1 and subsection (a)(4) as a person who has not attained the age of 24.

(Pub. L. 93–247, title I, §111, formerly §14, as added Pub. L. 100–294, title I, §101, Apr. 25, 1988, 102 Stat. 116; renumbered title I, §113, and amended Pub. L. 101–126, §3(a)(1), (2), (b)(7), Oct. 25, 1989, 103 Stat. 764, 765; renumbered §111 and amended Pub. L. 104–235, title I, §§110, 113(a)(1)(B), Oct. 3, 1996, 110 Stat. 3078, 3079; Pub. L. 111–320, title I, §§119, 142(b), Dec. 20, 2010, 124 Stat. 3477, 3483; Pub. L. 114-22, title VIII, §802(c)(1), (3), May 29, 2015, 129 Stat. 264; Pub. L. 114–95, title IX §9215(o), Dec. 10, 2015, 129 Stat. 2170.))

References in Text

Section 3, referred to in subsec. (b), means section 3 of Pub. L. 93–247, which is set out as a Definitions note under section 5101 of this title.

Paragraphs (9)(A) and (10) of section 7102 of title 22, referred to in subsec. (b)(1), were redesignated pars. (11) and (12), respectively, of section 7102 of title 22 by Pub. L. 115–427, §2(1), Jan. 9, 2019, 132 Stat. 5503.

Prior Provisions

A prior section 111 of Pub. L. 93–247 was renumbered section 109 and is classified to section 5106e of this title.

Amendments

2015

Pub. L. 114–22, §802(c)(1), designated existing provisions as subsec. (a) and inserted heading and added subsec. (b).

Subsec. (a)(5)(C). Pub. L. 114–22, §802(c)(3), substituted period for semicolon at end.

Par. (3). Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7517 of title 20.

2010

Pars. (1), (2). Pub. L. 111–320, §142(b)(1), (2), redesignated pars. (7) and (8) as (1) and (2), respectively, and struck out former pars. (1) and (2) which read as follows:

  • “(1) the term ‘child’ means a person who has not attained the lesser of—
    • “(A) the age of 18; or
    • “(B) except in the case of sexual abuse, the age specified by the child protection law of the State in which the child resides;
  • “(2) the term ‘child abuse and neglect’ means, at a minimum, any recent act or failure to act on the part of a parent or caretaker, which results in death, serious physical or emotional harm, sexual abuse or exploitation, or an act or failure to act which presents an imminent risk of serious harm;”.
  • Par. (3). Pub. L. 111–320, §142(b)(1)–(3), redesignated par. (10) as (3), struck out “and” at end, and struck out former par. (3) which read as follows: “the term ‘Secretary’ means the Secretary of Health and Human Services;”.
  • Par. (4)(B). Pub. L. 111–320, §142(b)(4), inserted “and” after semicolon at end.
  • Par. (5). Pub. L. 111–320, §142(b)(1), (5), redesignated par. (6) as (5) and struck out former par. (5) which read as follows: “except as provided in section 5106a(f) of this title, the term ‘State’ means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands,;”.
    Pub. L. 111–320, §119(1), inserted “except as provided in section 5106a(f) of this title,” after “(5)”, inserted “and” after “Samoa,”, and struck out “and the Trust Territory of the Pacific Islands” after “Northern Mariana Islands,”
    • .
  • Par. (6). Pub. L. 111–320, §142(b)(5), redesignated par. (6) as (5).
  • Par. (6)(C). Pub. L. 111–320, §119(2), substituted a semicolon for period at end.
  • Pars. (7) to (11). Pub. L. 111–320, §142(b)(1), (2), redesignated pars. (7), (8), and (10) as (1), (2), and (3), respectively, and struck out pars. (9) and (11) which read as follows:
    • “(9) the terms ‘Indian’, ‘Indian tribe’, and ‘tribal organization’ have the meanings given the terms in section 450b of title 25;”
    • “(11) the term ‘unaccompanied homeless youth’ means an individual who is described in paragraphs (2) and (6) of section 11434a of this title.”
      Pub. L. 111–320, §119(3), added pars. (7) to (11).

1996

  • Par. (1). Pub. L. 104–235, §110(1), (2)(A), redesignated par. (3) as (1) and struck out former par. (1) which read as follows: “the term ‘board’ means the Advisory Board on Child Abuse and Neglect established under section 5102 of this title;”.
  • Par. (2). Pub. L. 104–235, §110(2)(A), (3), redesignated par. (4) as (2) and amended it generally. Prior to amendment, par. (2) read as follows: “the term ‘child abuse and neglect’ means the physical or mental injury, sexual abuse or exploitation, negligent treatment, or maltreatment of a child by a person who is responsible for the child's welfare, under circumstances which indicate that the child's health or welfare is harmed or threatened thereby, as determined in accordance with regulations prescribed by the Secretary;”.
    Pub. L. 104–235, §110(1) struck out par. (2) which read as follows: “the term ‘Center’ means the National Center on Child Abuse and Neglect established under section 5101 of this title;”
  • Par. (3). Pub. L. 104–235, §110(2)(A), redesignated par. (6) as (3). Former par. (3) redesignated (1).
  • Par. (4). Pub. L. 104–235, §110(2)(A), (4), redesignated par. (7) as (4) and in subpar. (B) inserted “, and in cases of caretaker or inter-familial relationships, statutory rape” after “rape”. Former par. (4) redesignated (2).
  • Par. (5). Pub. L. 104–235, §110(1), (2)(A), redesignated par. (8) as (5) and struck out former par. (5) which read as follows: “the term ‘person who is responsible for the child's welfare’ includes—
    • “(A) any employee of a residential facility; and
    • “(B) any staff person providing out-of-home care;”
  • Par. (6). Pub. L. 104–235, §110(2)(B), redesignated par. (10) as (6). Former par. (6) redesignated (3).
  • Pars. (7), (8). Pub. L. 104–235, §110(2)(A), redesignated pars. (7) and (8) as (4) and (5), respectively
  • Par. (9). Pub. L. 104–235, §110(1), struck out par. (9) which read as follows: “the term ‘task force’ means the Inter-Agency Task Force on Child Abuse and Neglect established under section 5103 of this title; and”.
  • Par. (10). Pub. L. 104–235, §110(2)(B), redesignated par. (10) as (6).

1989

Pub. L. 101–126, §3(b)(7)(A), made technical amendment to reference to this subchapter to reflect the insertion of title designations in the original act.

Pars. (1), (2), (9). Pub. L. 101–126, §3(b)(7)(B)–(D), made technical amendments to references to sections 5101, 5102, and 5103 of this title to reflect renumbering of corresponding sections of original act.

42 U.S.C.
United States Code, 2010 Edition
Title 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION REFORM
SUBCHAPTER I - GENERAL PROGRAM
Sec. 5101 - Office on Child Abuse and Neglect
From the U.S. Government Printing Office, www.gpo.gov

§5101. Office on Child Abuse and Neglect

(a) Establishment

The Secretary of Health and Human Services may establish an office to be known as the Office on Child Abuse and Neglect.

(b) Purpose

The purpose of the Office established under subsection (a) of this section shall be to execute and coordinate the functions and activities of this subchapter and subchapter III of this chapter. In the event that such functions and activities are performed by another entity or entities within the Department of Health and Human Services, the Secretary shall ensure that such functions and activities are executed with the necessary expertise and in a fully coordinated manner involving regular intradepartmental and interdepartmental consultation with all agencies involved in child abuse and neglect activities.

(Pub. L. 93–247, title I, §101, formerly §2, Jan. 31, 1974, 88 Stat. 5; Pub. L. 93–644, §8(d)(1), Jan. 4, 1975, 88 Stat. 2310; Pub. L. 95–266, title I, §101, Apr. 24, 1978, 92 Stat. 205; Pub. L. 98–457, title I, §101, Oct. 9, 1984, 98 Stat. 1749; Pub. L. 99–401, title I, §103(a), Aug. 27, 1986, 100 Stat. 906; Pub. L. 100–294, title I, §101, Apr. 25, 1988, 102 Stat. 103; renumbered title I, §101, Pub. L. 101–126, §3(a)(1), (2), Oct. 25, 1989, 103 Stat. 764; Pub. L. 104–235, title I, §101, Oct. 3, 1996, 110 Stat. 3064.)

Amendments

1996

Pub. L. 104–235 amended section generally, substituting provisions relating to Office on Child Abuse and Neglect for provisions relating to National Center on Child Abuse and Neglect.

1988

Pub. L. 100–294 amended section generally, substituting provisions relating to establishment, appointment of Director, and other staff and resources of National Center on Child Abuse and Neglect for provisions relating to establishment, functions, grant and contract authority, staff and resource availability, and use of funds of National Center on Child Abuse and Neglect. See sections 5105 to 5106d of this title.

1986
  • Subsec. (b)(2). Pub. L. 99–401, §103(a)(2), added par. (2). Former par. (2) redesignated (3).
  • Subsec. (b)(3), (4). Pub. L. 99–401, §103(a)(1), redesignated former pars. (2) and (3) as (3) and (4), respectively. Former par. (4) redesignated (6).
  • Subsec. (b)(5). Pub. L. 99–401, §103(a)(3), added par. (5). Former par. (5) redesignated (7).
  • Subsec. (b)(6). Pub. L. 99–401, §103(a)(1), redesignated former par. (4) as (6). Former par. (6) redesignated (8).
  • Subsec. (b)(7). Pub. L. 99–401, §103(a)(1), (4), redesignated former par. (5) as (7) and amended it generally, substituting “conduct research on the causes, prevention, identification, and treatment of child abuse and neglect, and on appropriate and effective investigative, administrative, and judicial procedures in cases of child abuse” for “conduct research into the causes of child abuse and neglect, and into the prevention, identification, and treatment thereof”. Former par. (7) redesignated (9).
  • Subsec. (b)(8), (9). Pub. L. 99–401, §103(a)(1), redesignated former pars. (6) and (7) as (8) and (9), respectively.
  • Subsec. (b)(10). Pub. L. 99–401, §103(a)(5), added par. (10).
1984
  • Subsec. (a). Pub. L. 98–457, §101(a), substituted “Health and Human Services” for “Health, Education, and Welfare”.
  • Subsec. (b)(6). Pub. L. 98–457, §101(b), amended par. (6) generally. Prior to amendment, par. (6) read as follows: “make a complete and full study and investigation of the national incidence of child abuse and neglect, including a determination of the extent to which incidents of child abuse and neglect are increasing in number or severity; and”.
  • Subsec. (b)(7). Pub. L. 98–457, §101(b), amended par. (7) generally. Prior to amendment, par. (7) read as follows: “in consultation with Federal agencies serving on the Advisory Board on Child Abuse and Neglect (established by section 5105 of this title), prepare a comprehensive plan for seeking to bring about maximum coordination of the goals, objectives, and activities of all agencies and organizations which have responsibilities for programs and activities related to child abuse and neglect, and submit such plan to such Advisory Board not later than twelve months after April 24, 1978.”
  • Subsec. (c). Pub. L. 98–457, §101(c), substituted “The functions of the Secretary under subsection (b) of this section may be carried out” for “The Secretary may carry out his functions under subsection (b) of this section”.
  • Subsec. (e). Pub. L. 98–457, §101(d), added subsec. (e).
1978
  • Subsec. (b). Pub. L. 95–266, §101(1), in pars. (1) and (3) inserted requirement of dissemination of annual summary and training materials, respectively, and added par. (7).
  • Subsec. (c). Pub. L. 95–266, §101(2), inserted provisions relating to duration and review of grants under subsec. (b)(5) of this section.
  • Subsec. (d). Pub. L. 95–266, §101(3), added subsec. (d).
1975

Subsec. (c). Pub. L. 93–644 added subsec. (c).

Short Title of 2010 Amendment

  • Pub. L. 111–341, §1, Dec. 22, 2010, 124 Stat. 3606, provided that: “This Act [amending provisions set out as a note under section 5119a of this title] may be cited as the ‘Criminal History Background Checks Pilot Extension Act of 2010’.”
  • Pub. L. 111–320, §1, Dec. 20, 2010, 124 Stat. 3459, provided that: “This Act [enacting chapter 110 of this title, amending sections 3796gg, 5102, 5104 to 5106a, 5106c, 5106d, 5106f, 5106g to 5106i, 5111, 5113, 5115, 5116 to 5116b, 5116d to 5116i, 5117aa, 5117aa–21, 5117aa–22, 13925, and 14214 of this title, section 707 of Title 11, Bankruptcy, and section 1435 of Title 20, Education, enacting provisions set out as notes under this section, amending provisions set out as a note under this section, repealing provisions set out as a note under section 670 of this title, and omitting provisions set out as a note under section 10401 of this title] may be cited as the ‘CAPTA Reauthorization Act of 2010’.”
  • Pub. L. 111–143, §1, Mar. 1, 2010, 124 Stat. 41, provided that: “This Act [amending provisions set out as a note under section 5119a of this title] may be cited as the ‘Criminal History Background Checks Pilot Extension Act of 2009’.”

Short Title of 2008 Amendment

Pub. L. 110–296, §1, July 30, 2008, 122 Stat. 2974, and Pub. L. 110–408, §1, Oct. 13, 2008, 122 Stat. 4301, provided that: “This Act [amending provisions set out as a note under section 5119a of this title] may be cited as the ‘Criminal History Background Checks Pilot Extension Act of 2008’.”

Short Title of 2003 Amendment

Pub. L. 108–36, §1(a), June 25, 2003, 117 Stat. 800, provided that: “This Act [see Tables for classification] may be cited as the ‘Keeping Children and Families Safe Act of 2003’.”

Short Title of 1998 Amendment

Pub. L. 105–251, title II, §221, Oct. 9, 1998, 112 Stat. 1885, provided that: “This subtitle [subtitle B (§§221, 222) of title II of Pub. L. 105–251, amending sections 5119a and 5119b of this title] may be cited as the ‘Volunteers for Children Act’.”

Short Title of 1996 Amendment

Section 1(a) of Pub. L. 104–235 provided that: “This Act [enacting sections 5106i and 5116 to 5116i of this title, amending this section and sections 5102, 5104 to 5106, 5106a, 5106c to 5106f, 5106g to 5106i, 5111, 5113, 5115, 5777, 10402, 10403, 10409, 10603a, and 13004 of this title, repealing sections 5103, 5106b, 5117 to 5117d, 5118 to 5118e, 5778, and 11481 to 11489 of this title, amending provisions set out as notes under this section and section 670 of this title, and repealing provisions set out as notes under section 5117 of this title] may be cited as the ‘Child Abuse Prevention and Treatment Act Amendments of 1996’.”

Short Title of 1994 Amendment

For short title of subpart 1 of part E of title V of Pub. L. 103–381, which enacted section 5115a of this title, as the “Howard M. Metzenbaum Multiethnic Placement Act of 1994”, see section 551 of Pub. L. 103–382, set out as a note under section 1305 of this title.

Short Title of 1992 Amendment

Pub. L. 102–295, §1(a), May 28, 1992, 106 Stat. 187, provided that: “This Act [enacting sections 5106f–1, 10414, and 10415 of this title, amending sections 5102, 5105, 5106, 5106a, 5106a–1, 5106c, 5106h, 5111, 5113, 5115, 5116, 5116b to 5116d, 5117c, 5117d, 5118e, 10401 to 10405, 10407 to 10410, 10412, and 10413 of this title, repealing section 5112 of this title, and enacting provisions set out as notes under this section and sections 5106a, 5106h, 5117, 10401, and 10402 of this title] may be cited as the ‘Child Abuse, Domestic Violence, Adoption and Family Services Act of 1992’.”

Short Title of 1991 Amendment

Pub. L. 102–236, §1, Dec. 12, 1991, 105 Stat. 1812, provided that: “This Act [amending sections 5117aa to 5117aa–12 and 5117aa–22 of this title and provisions set out as a note under section 623 of Title 29, Labor] may be cited as the ‘Abandoned Infants Assistance Act Amendments of 1991’.”

Short Title of 1989 Amendment

Section 1 of Pub. L. 101–126 provided that: “This Act [amending this section and sections 5102 to 5106h and 5116 to 5116g of this title and enacting provisions set out as notes under section 5102 and 5116b of this title] may be cited as the ‘Child Abuse Prevention Challenge Grants Reauthorization Act of 1989’.”

Short Title of 1988 Amendment

Section 1 of Pub. L. 100–294 provided that: “This Act [enacting sections 5106a to 5106h and 10413 of this title, amending this section and sections 5102 to 5106, 5113, 5115, 10402, 10409, and 10410 of this title, repealing section 10411 of this title, and enacting provisions set out as notes under this section and section 5105 of this title] may be referred to as the ‘Child Abuse Prevention, Adoption, and Family Services Act of 1988’.”

Short Title of 1986 Amendment

Section 1 of Pub. L. 99–401 provided that: “This Act [enacting subchapter IV of this chapter and section 10603a of this title, amending this section and sections 290dd–3, 290ee–3, 5103, 5105, 10601, and 10603 of this title, and enacting provisions set out as notes under this section and section 5117 of this title] may be cited as the ‘Children's Justice and Assistance Act of 1986’.”

Section 101 of title I of Pub. L. 99–401 provided that: “This title [enacting section 10603a of this title, amending this section and sections 290dd–3, 290ee–3, 5103, 5105, 10601, and 10603 of this title, and enacting provisions set out as notes under this section] may be cited as the ‘Children's Justice Act’.”

Short Title of 1984 Amendment

Section 1 of Pub. L. 98–457 provided: “That this Act [enacting chapter 110 of this title, amending this section and sections 5102 to 5106, 5111 to 5113, and 5115 of this title, and enacting provisions set out as notes under this section and sections 5102, 5103, and 10401 of this title] may be cited as the ‘Child Abuse Amendments of 1984’.”

Short Title of 1978 Amendment

Section 1 of Pub. L. 95–266 provided: “That this Act [enacting subchapter II of this chapter and amending this section and sections 5102 to 5105 of this title] may be cited as the ‘Child Abuse Prevention and Treatment and Adoption Reform Act of 1978’.”

Short Title

Pub. L. 93–247, §1(a), formerly §1, Jan. 31, 1974, 88 Stat. 4, as renumbered §1(a) and amended by Pub. L. 100–294, title I, §101, Apr. 25, 1988, 102 Stat. 102, provided that: “This Act [enacting this subchapter and subchapters III and V of this chapter] may be cited as the ‘Child Abuse Prevention and Treatment Act’.”

For short title of title II of Pub. L. 99–401, which enacted subchapter IV of this chapter, as the “Temporary Child Care for Handicapped Children and Crisis Nurseries Act of 1986”, see section 201 of Pub. L. 99–401, formerly set out as a note under section 5117 of this title.

Pub. L. 100–505, §1, Oct. 18, 1988, 102 Stat. 2533, provided that: “This Act [enacting subchapter IV–A of this chapter and provisions formerly set out as a note under section 670 of this title] may be cited as the ‘Abandoned Infants Assistance Act of 1988’.”

Pub. L. 103–209, §1, Dec. 20, 1993, 107 Stat. 2490, provided that: “This Act [enacting subchapter VI of this chapter and amending section 3759 of this title] may be cited as the ‘National Child Protection Act of 1993’.”

Regulations

Section 401(a) of Pub. L. 100–294 provided that: “For any rule or regulation needed to implement this Act [see Short Title of 1988 Amendment note above], the Secretary of Health and Human Services shall—

  1. “(1) publish proposed regulations for purposes of implementing the amendments made by this Act before the expiration of the 90-day period beginning on the date of the enactment of this Act [Apr. 25, 1988];
  2. “(2) allow not less than 45 days for public comment on such proposed regulations; and
  3. “(3) publish final regulations for purposes of implementing the amendments made by this Act before the end of the 195-day period beginning on the date of the enactment of this Act.”

Construction of Child Abuse Amendments of 1984 With Other Laws; Separability

Section 127 of Pub. L. 98–457 provided that:

  • “(a) No provision of this Act or any amendment made by this Act [See Short Title of 1984 Amendment note above] is intended to affect any right or protection under section 504 of the Rehabilitation Act of 1973 [29 U.S.C. 794].
  • “(b) No provision of this Act or any amendment made by this Act may be so construed as to authorize the Secretary or any other governmental entity to establish standards prescribing specific medical treatments for specific conditions, except to the extent that such standards are authorized by other laws.
  • “(c) If the provisions of any part of this Act or any amendment made by this Act or the application thereof to any person or circumstances be held invalid, the provisions of the other parts and their application to other persons or circumstances shall not be affected thereby.”

Presidential Commission on Child and Youth Deaths

Section 106 of Pub. L. 100–294 established a National Commission on Child and Youth Deaths to study and evaluate comprehensively Federal, State, and local public and private resources which affect child and youth deaths and to prepare and transmit to President and appropriate committees of Congress a report within 12 months after appointment of the Commission, and provided that the Commission terminates 90 days after transmitting the report.

Acquisition of Statistical Data

Section 105 of Pub. L. 99–401 provided that:

  • “(a) Data Acquisition for 1987 and 1988.—The Attorney General shall acquire from criminal justice agencies statistical data, for the calendar years 1987 and 1988, about the incidence of child abuse, including child sexual abuse, and shall publish annually a summary of such data.
  • “(b) Modification of Uniform Crime Reporting Program.—(1) As soon as practicable, but in no case later than January 1, 1989, the Attorney General shall modify the uniform crime reporting program in the Federal Bureau of Investigation to include data on the age of the victim of the offense and the relationship, if any, of the victim to the offender, for types of offenses that may involve child abuse, including child sexual abuse.

“(2) The modification, once made, shall remain in effect until the later of—

  • “(A) 10 years after the date it is made; or
  • “(B) such ending date as may be set by the Attorney General.”

Congressional Findings

Section 2 of Pub. L. 93–247, as added by Pub. L. 102–295, title I, §102(a), May 28, 1992, 106 Stat. 188, and amended by Pub. L. 104–235, title I, §100, Oct. 3, 1996, 110 Stat. 3064; Pub. L. 108–36, title I, §101, June 25, 2003, 117 Stat. 801; Pub. L. 111–320, title I, §101, Dec. 20, 2010, 124 Stat. 3459, provided that: “Congress finds that—

  1. “(1) in fiscal year 2008, approximately 772,000 children were found by States to be victims of child abuse and neglect;
  2. “(2)
    1. (A) more children suffer neglect than any other form of maltreatment and close to 1/3 of all child maltreatment-related fatalities in fiscal year 2008 were attributed to neglect alone; and
    2. “(B) investigations have determined that approximately 71 percent of children who were victims of maltreatment in fiscal year 2008 suffered neglect, 16 percent suffered physical abuse, 9 percent suffered sexual abuse,, [sic] 7 percent suffered psychological maltreatment, 2 percent experienced medical neglect, and 9 percent were victims of other forms of maltreatment;
  3. “(3)
    1. (A) child abuse or neglect can result in the death of a child;
    2. “(B) in fiscal year 2008, an estimated 1,740 children were counted by child protection services to have died as a result of abuse or neglect; and
    3. “(C) in fiscal year 2008, children younger than 1 year old comprised 45 percent of child maltreatment fatalities and 72 percent of child maltreatment fatalities were younger than 4 years of age;
  4. “(4)
    1. (A) many of these children and their families fail to receive adequate protection and treatment; and
    2. “(B) approximately 37 percent of victims of child abuse did not receive post-investigation services in fiscal year 2008;
  5. “(5) African-American children, American Indian children, Alaska Native children, and children of multiple races and ethnicities experience the highest rates of child abuse or neglect;
  6. “(6) the problem of child abuse and neglect requires a comprehensive approach that—
    1. “(A) integrates the work of social service, legal, health, mental health, domestic violence services, education, and substance abuse agencies and community-based organizations;
    2. “(B) strengthens coordination among all levels of government, and with private agencies, civic, religious, and professional organizations, and individual volunteers;
    3. “(C) emphasizes the need for abuse and neglect prevention, assessment, investigation, and treatment at the neighborhood level;
    4. “(D) recognizes the need for properly trained staff with the qualifications needed, to carry out their child protection duties; and
    5. “(E) recognizes the diversity of ethnic, cultural, and religious beliefs and traditions that may impact child rearing patterns, while not allowing the differences in those beliefs and traditions to enable abuse or neglect;
  7. “(7) the failure to coordinate and comprehensively prevent and treat child abuse and neglect threatens the futures of thousands of children and results in a cost to the Nation of billions of dollars in tangible expenditures, as well as significant intangible costs;
  8. “(8) all elements of American society have a shared responsibility in responding to child abuse and neglect;
  9. “(9) substantial reductions in the prevalence and incidence of child abuse and neglect and the alleviation of its consequences are matters of the highest national priority;
  10. “(10) national policy should strengthen families to prevent child abuse and neglect, provide support for needed services to prevent the unnecessary removal of children from families, and promote the reunification of families where appropriate;
  11. “(11) the child protection system should be comprehensive, child-centered, family-focused, and community-based, should incorporate all appropriate measures to prevent the occurrence or recurrence of child abuse and neglect, and should promote physical and psychological recovery and social re-integration in an environment that fosters the health, safety, self-respect, and dignity of the child;
  12. “(12) because both child maltreatment and domestic violence occur in up to 60 percent of the families in which either is present, States and communities should adopt assessments and intervention procedures aimed at enhancing the safety both of children and victims of domestic violence;
  13. “(13) because of the limited resources available in low-income communities, Federal aid for the child protection system should be distributed with due regard to the relative financial need of the communities;
  14. “(14) the Federal Government should assist States and communities with the fiscal, human, and technical resources necessary to develop and implement a successful and comprehensive child and family protection strategy; and
  15. “(15) the Federal Government should provide leadership and assist communities in their child and family protection efforts by—
    1. “(A) promoting coordinated planning among all levels of government;
    2. “(B) generating and sharing knowledge relevant to child and family protection, including the development of models for service delivery;
    3. “(C) strengthening the capacity of States to assist communities;
    4. “(D) allocating financial resources to assist States in implementing community plans;
    5. “(E) helping communities to carry out their child and family protection plans by promoting the competence of professional, paraprofessional, and volunteer resources; and
    6. “(F) providing leadership to end the abuse and neglect of the nation's children and youth.”

Definitions

Pub. L. 93–247, §3, as added by Pub. L. 111–320, title I, §142(a), Dec. 20, 2010, 124 Stat. 3482, provided that: “In this Act [see Short Title note above]—

  1. “(1) the term ‘child’ means a person who has not attained the lesser of—
    1. “(A) the age of 18; or
    2. “(B) except in the case of sexual abuse, the age specified by the child protection law of the State in which the child resides;
  2. “(2) the term ‘child abuse and neglect’ means, at a minimum, any recent act or failure to act on the part of a parent or caretaker, which results in death, serious physical or emotional harm, sexual abuse or exploitation, or an act or failure to act which presents an imminent risk of serious harm;
  3. “(3) the term ‘child with a disability’ means a child with a disability as defined in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401), or an infant or toddler with a disability as defined in section 632 of such Act (20 U.S.C. 1432);
  4. “(4) the term ‘Governor’ means the chief executive officer of a State;
  5. “(5) the terms ‘Indian’, ‘Indian tribe’, and ‘tribal organization’ have the meanings given the terms in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b);
  6. “(6) the term ‘Secretary’ means the Secretary of Health and Human Services;
  7. “(7) except as provided in section 106(f) [42 U.S.C. 5106a(f)], the term ‘State’ means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands; and
  8. “(8) the term ‘unaccompanied homeless youth’ means an individual who is described in paragraphs (2) and (6) of section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).”

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