Appendix C
Child Abuse Prevention and Treatment Act
42 USCS § 5106a (b) (2000)
*Only section cited in text is provided below
(b) Eligibility requirements.
(1) State plan.
(A) In general. To be eligible to receive a grant under this section, a State shall, at the time of the initial
grant application and every 5 years thereafter, prepare and submit to the Secretary a State plan that
specifies the areas of the child protective services system described in subsection (a) that the State intends
to address with amounts received under the grant.
(B) Additional requirement. After the submission of the initial grant application under subparagraph (A),
the State shall provide notice to the Secretary of any substantive changes to any State law relating to the
prevention of child abuse and neglect that may affect the eligibility of the State under this section.
(2) Coordination. A State plan submitted under paragraph (1) shall, to the maximum extent practicable, be
coordinated with the State plan under part B of title IV of the Social Security Act [42 USCS §§ 620 et seq.]
relating to child welfare services and family preservation and family support services, and shall contain an
outline of the activities that the State intends to carry out using amounts received under the grant to achieve
the purposes of this title [42 USCS §§ 5101 et seq.], including--
(A) an assurance in the form of a certification by the chief executive officer of the State that the State
has in effect and is enforcing a State law, or has in effect and is operating a Statewide program, relating to
child abuse and neglect that includes--
(i) provisions or procedures for the reporting of known and suspected instances of child abuse and
neglect;
(ii) procedures for the immediate screening, safety assessment, and prompt investigation of such
reports;
(iii) procedures for immediate steps to be taken to ensure and protect the safety of the abused or
neglected child and of any other child under the same care who may also be in danger of abuse or neglect and
ensuring their placement in a safe environment;
(iv) provisions for immunity from prosecution under State and local laws and regulations for individuals
making good faith reports of suspected or known instances of child abuse or neglect;
(v) methods to preserve the confidentiality of all records in order to protect the rights of the child and
of the child's parents or guardians, including requirements ensuring that reports and records made and
maintained pursuant to the purposes of this Act [42 USCS §§ 5101 et seq.] shall only be made available to--
(I) individuals who are the subject of the report;
(II) Federal, State, or local government entities, or any agent of such entities, having a need for
such information in order to carry out its responsibilities under law to protect children from abuse and neglect;
(III) child abuse citizen review panels;
(IV) child fatality review panels;
(V) a grand jury or court, upon a finding that information in the record is necessary for the
determination of an issue before the court or grand jury; and
(VI) other entities or classes of individuals statutorily authorized by the State to receive such
information pursuant to a legitimate State purpose;
(vi) provisions which allow for public disclosure of the findings or information about the case of child
abuse or neglect which has resulted in a child fatality or near fatality;
(vii) the cooperation of State law enforcement officials, court of competent jurisdiction, and appropriate
State agencies providing human services in the investigation, assessment, prosecution, and treatment of child
abuse or neglect;
(viii) provisions requiring, and procedures in place that facilitate the prompt expungement of any
records that are accessible to the general public or are used for purposes of employment or other background
checks in cases determined to be unsubstantiated or false, except that nothing in this section shall prevent
State child protective services agencies from keeping information on unsubstantiated reports in their casework
files to assist in future risk and safety assessment;
(ix) provisions and procedures requiring that in every case involving an abused or neglected child which
results in a judicial proceeding, a guardian ad litem, who may be an attorney or a court appointed special
advocate (or both), shall be appointed to represent the child in such proceedings--
(I) to obtain first-hand, a clear understanding of the situation and needs of the child; and
(II) to make recommendations to the court concerning the best interests of the child;
(x) the establishment of citizen review panels in accordance with subsection (c);
(xi) provisions, procedures, and mechanisms to be effective not later than 2 years after the date of the
enactment of this section [enacted Oct. 3, 1996]--
(I) for the expedited termination of parental rights in the case of any infant determined to be
abandoned under State law; and
(II) by which individuals who disagree with an official finding of abuse or neglect can appeal such
finding;
(xii) provisions, procedures, and mechanisms to be effective not later than 2 years after the date of the
enactment of this section [enacted Oct. 3, 1996] that assure that the State does not require reunification of
a surviving child with a parent who has been found by a court of competent jurisdiction--
(I) to have committed murder (which would have been an offense under section 1111(a) of title 18,
United States Code, if the offense had occurred in the special maritime or territorial jurisdiction of the United
States) of another child of such parent;
(II) to have committed voluntary manslaughter (which would have been an offense under section
1112(a) of title 18, United States Code, if the offense had occurred in the special maritime or territorial
jurisdiction of the United States) of another child of such parent;
(III) to have aided or abetted, attempted, conspired, or solicited to commit such murder or voluntary
manslaughter; or
(IV) to have committed a felony assault that results in the serious bodily injury to the surviving child
or another child of such parent; and
(xiii) an assurance that, upon the implementation by the State of the provisions, procedures, and
mechanisms under clause (xii), conviction of any one of the felonies listed in clause (xii) constitute grounds
under State law for the termination of parental rights of the convicted parent as to the surviving children
(although case-by-case determinations of whether or not to seek termination of parental rights shall be within
the sole discretion of the State);
(B) an assurance that the State has in place procedures for responding to the reporting of medical
neglect (including instances of withholding of medically indicated treatment from disabled infants with
life-threatening conditions), procedures or programs, or both (within the State child protective services
system), to provide for--
(i) coordination and consultation with individuals designated by and within appropriate health-care
facilities;
(ii) prompt notification by individuals designated by and within appropriate health-care facilities of cases of suspected medical neglect (including instances of withholding of medically indicated treatment from disabled infants with life-threatening conditions); and
(iii) authority, under State law, for the State child protective services system to pursue any legal
remedies, including the authority to initiate legal proceedings in a court of competent jurisdiction, as may be
necessary to prevent the withholding of medically indicated treatment from disabled infants with life
threatening conditions;
(C) a description of--
(i) the services to be provided under the grant to individuals, families, or communities, either directly or
through referrals aimed at preventing the occurrence of child abuse and neglect;
(ii) the training to be provided under the grant to support direct line and supervisory personnel in report
taking, screening, assessment, decision making, and referral for investigating suspected instances of child
abuse and neglect; and
(iii) the training to be provided under the grant for individuals who are required to report suspected
cases of child abuse and neglect; and
(D) an assurance or certification that the programs or projects relating to child abuse and neglect carried
out under part B of title IV of the Social Security Act [42 USCS §§ 620 et seq.] comply with the requirements
set forth in paragraph (1) and this paragraph.
(3) Limitation. With regard to clauses (v) and (vi) of paragraph (2)(A), nothing in this section shall be
construed as restricting the ability of a State to refuse to disclose identifying information concerning the
individual initiating a report or complaint alleging suspected instances of child abuse or neglect, except that
the State may not refuse such a disclosure where a court orders such disclosure after such court has
reviewed, in camera, the record of the State related to the report or complaint and has found it has reason to
believe that the reporter knowingly made a false report.
(4) Definitions. For purposes of this subsection--
(A) the term "near fatality" means an act that, as certified by a physician, places the child in serious or
critical condition; and
(B) the term "serious bodily injury" means bodily injury which involves substantial risk of death, extreme
physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a
bodily member, organ, or mental faculty.
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