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34 U.S.C. § 20304Local children’s advocacy centers

submitted 36 years ago by Pub. L. 101-647 to r/title-34-CRIME-CONTROL-AND-LAW-ENFORCEMENT · 701 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets a federal administrator give grants to children's advocacy centers that help child abuse victims, and to state chapters that support them. It sets rules for how those grants are chosen and spread out.

(a) General grants. The Administrator must make grants to: (1) build and maintain a network of local children's advocacy centers and coordinated teams that continually handle investigations, prosecutions, and interventions in child abuse cases; (2) develop and coordinate multidisciplinary investigation, intervention, and prosecution activities; (3) promote the "Children's Advocacy Center Model," an evidence-based, trauma-informed approach, and coordinated teamwork responding to child abuse; and (4) create and share standards of care and best practices for evaluating programs, and support the organizational capacity of state chapters and local centers so they can meet those standards. (b) Grants for trafficking victims. The Administrator may also give grants for specialized programs that identify and directly help victims of severe trafficking who were under 18 when the offense happened, and victims of human trafficking and child pornography. (c) Grant criteria. (1) The Administrator must set the rules used to judge grant applications under subsections (a) and (b), consistent with other listed sections. (2) Those rules may require a program to include any of these elements: (A) a written agreement among law enforcement, child protective services, health, and other agencies to coordinate investigation, prosecution, treatment, and counseling; (B) a proper site — called a "children's advocacy center" — for interviewing, treating, and counseling child victims and their nonoffending family members; (C) referring qualifying abuse cases to the center within 24 hours whenever practical, and never later than 72 hours; (D) forensic interviews by trained staff, used by law enforcement, health, and child protective agencies; (E) follow-up services like medical care, mental health care, and victim advocacy; (F) holding interviews and meetings with the child at the center or a linked agency whenever practical; (G) coordinating each investigation step to avoid repeating forensic interviews with the child; (H) naming a director for the center; (I) naming a coordinator for the multidisciplinary team; (J) assigning a volunteer or staff advocate to each child and, when appropriate, their family, throughout the process; (K) coordinating with state chapters that oversee and support local centers, teams, and communities on things like mental health counseling, forensic interviewing, team coordination, and victim advocacy; and (L) any other criteria the Administrator sets by regulation. (d) Spreading out the grants. The Administrator must make sure grants go to all eligible states — large and small — and to rural, suburban, and urban areas. (e) Talking with regional centers. Any grant recipient under this section must periodically consult with the regional children's advocacy centers in its census region that receive grants under section 20303. (f) Grants to state chapters. The Administrator must make sure part of the grant money goes to state chapters, so they can provide oversight, training, and technical help to local centers on evidence-informed practices, including mental health counseling, forensic interviewing, team coordination, and victim advocacy.
the actual law source: uscode.house.gov ↗public domain
(a) In general

The Administrator shall make grants to—

(1)

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

(2)

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

(3)

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

(4)

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

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

The Administrator may make grants to develop and implement specialized programs to identify and provide direct services to victims of a severe form of trafficking (as defined in section 7102(9)(A) 1 of title 22) who were under the age of 18 at the time of the offense and victims of human trafficking and child pornography.

(c) Grant criteria
(1)

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

(2)

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

(A)

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

(B)

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

(C)

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

(D)

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

(E)

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

(F)

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

(G)

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

(H)

Designation of a director for the children’s advocacy center.

(I)

Designation of a multidisciplinary team coordinator.

(J)

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

(K)

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

(L)

Such other criteria as the Administrator shall establish by regulation.

(d) Distribution of grants

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

(e) Consultation with regional children’s advocacy centers

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

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

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

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

history & why it existsrecord from the source credit
  • 1990Enacted · Pub. L. 101-647 · 104 Stat. 4793
  • 1992Amended · Pub. L. 102-586 · 106 Stat. 5029, 5034
  • 2002Amended · Pub. L. 107-273 · 116 Stat. 1894
  • 2015Amended · Pub. L. 114-22 · 129 Stat. 236
  • 2018Amended · Pub. L. 115-392 · 132 Stat. 5253
  • 2019Amended · Pub. L. 115-424 · 132 Stat. 5467, 5470
  • 2023Amended · Pub. L. 117-354 · 136 Stat. 6275

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-647 on 1990-11-29.

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