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Jimmy R. WHITE and Chris R. White and Shannon White, Minors,
By and Through their guardian, Jimmy R. WHITE,
Plaintiffs-Appellees,
v.
PIERCE COUNTY and Raymond Fjetland, the Pierce County
Sheriff; Rod Weast, Ron Buhl, and Dave Delton, as Deputy
Pierce County Sheriffs; and Rod Weast and “Jane Doe” Weast,
individually and the marital community of them composed;
Ron Buhl and “Jane Doe” Buhl, individually and the marital
community of them composed; and Dave Delton and “Jane Doe”
Delton, individually and the marital community of them
composed, Defendants-Appellants.

Nos. 85-3993, 85-4018.

United States Court of Appeals,
Ninth Circuit.

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Argued and Submitted June 4, 1986.
Decided Aug. 20, 1986.

Sverre O. Staurset, Graves, Staurset & Mauritz, Tacoma, Wash., for plaintiffs-appellees.

Daniel R. Hamilton, Deputy Pros. Atty., Tacoma, Wash., for defendants-appellants.

Appeal from the United States District Court for the Western District of Washington.

Before WRIGHT, SNEED and SCHROEDER, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge.

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In this case we are asked to decide whether deputy sheriffs investigating a report of child abuse have qualified immunity from suit for warrantless entry.

 

The Whites brought this action under 42 U.S.C. Sec. 1983, contending that their Fourth Amendment rights against unreasonable searches and seizures were violated. The deputies appeal the denial of their motion for summary judgment, relying on the qualified immunity rule of Mitchell v. Forsyth, — U.S. —-. 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985). We reverse.

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FACTS

 

On the evening of September 22, 1982, Deputy Sheriffs Weast, Delton and Buhl were dispatched to investigate a report from Washington State Child Protective Services (CPS) that a seven-year-old child had been seen playing in the White’s yard without his shirt on and with severe welts on his back. It is undisputed that the officers had a duty to investigate such reports under RCW 26.44.050.1

 

Upon arrival at the Whites’ home, Deputy Weast told Mr. White of the reported child abuse and asked to examine his son, who could be seen from the doorway and appeared to the deputies to be about seven years old. Mr. White responded that his son was eleven years old, and refused to allow the deputies to examine his son without a warrant or court order. The child attempted to show the deputies his back, but Mr. White ordered him not to and to go to another room.

 

Deputy Weast insisted upon examining the child’s back because he believed, based on Mr. White’s conduct, that the child had been abused and would be injured or removed from the residence if the deputies were required to obtain a court order. Mr. White became violent and abusive and responded with extreme profanity and insults. This confrontation lasted fifteen to twenty minutes while Weast explained the reason for his investigation. When Deputy Weast attempted to enter the house, White assaulted him and pushed him back onto the porch. The deputies then forcibly subdued and handcuffed White. They did not strike or beat him. During the struggle, one of them placed an object against White’s earlobe in an attempt to stop his resistance. The deputies then entered the house, examined the child’s back, and found no signs of abuse. White was arrested and charged with assault and interfering with a police officer. These charges were later dismissed.

PROCEEDINGS BELOW

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The Whites brought this Section 1983 action, contending that the deputies’ warrantless entry into their home violated their Fourth Amendment right to be free from unreasonable searches and seizures, and that the deputies had used excessive force when arresting Mr. White. All defendants moved for summary judgment, supported by the affidavits of the three deputies. The Whites opposed this motion only with an unsworn “Statement of Reasons and List of Authorities in Opposition to Defendant’s Motion for Summary Judgment,” signed only by their attorney, who expressly disclaimed any personal knowledge. The defendants appeal the denial of their motion.

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ANALYSIS

Appealability

 

Generally, the denial of a motion for summary judgment is not appealable. Simons v. United States, 497 F.2d 1046, 1050 (9th Cir.1974). However, the Supreme Court recently created a limited exception to this rule in Mitchell v. Forsyth, — U.S. —-, 105 S.Ct. 2806, 2817, 86 L.Ed.2d 411 (1985). “[A] district court’s denial of a claim of qualified immunity, to the extent it turns on an issue of law, is an appealable final decision….” Id., 105 S.Ct. at 2817. The denial of the deputies’ motion is therefore appealable to the extent that motion was based on qualified immunity. The appeals of the other appellants, and the appeals of the deputies to the extent they are based on grounds other than qualified immunity, are unappealable and are dismissed.

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Standard of Review

 

Because the claim of qualified immunity turns on a “purely legal question,” Mitchell, 105 S.Ct. at 2818, our review is de novo. United States v. McConney, 728 F.2d 1195, 1201 (9th Cir.) (en banc), cert. denied, 469 U.S. 824, 105 S.Ct. 101, 83 L.Ed.2d 46 (1984). When reviewing a grant or denial of summary judgment, we apply the same standard as did the trial court and review the evidence in the light most favorable to the nonmoving party. See Water West, Inc. v. Entek Corp., 788 F.2d 627, 628-29 (9th Cir.1986).

 

Here, however, the Whites filed no affidavits or other evidence to oppose the motion for summary judgment. Their attorney’s statement was not an affidavit. It was not sworn to under oath, Adickes v. S.H. Kress & Co., 398 U.S. 144, 158 n. 17, 90 S.Ct. 1598, 1608 n. 17, 26 L.Ed.2d 142 (1970), and gave no facts within the personal knowledge of the affiant, see Automatic Radio Manufacturing Co. v. Hazeltine Research, Inc., 339 U.S. 827, 831, 70 S.Ct. 894, 896, 94 L.Ed. 1312 (1950), overruled on other grounds, Lear, Inc. v. Adkins, 395 U.S. 653, 89 S.Ct. 1902, 23 L.Ed.2d 610 (1969).

10When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial. If he does not so respond, summary judgment, if appropriate, shall be entered against him.

 

Fed.R.Civ.P. 56(e).

 

Even in the absence of opposing affidavits, summary judgment is inappropriate where the movant’s papers are insufficient on their face. See Hamilton v. Keystone Corp., 539 F.2d 684, 686 (9th Cir.1976). In the case before us, we must accept the facts stated in the affidavits of the deputies as true and determine whether they are entitled to summary judgment as a matter of law.

Qualified Immunity

 

Government officials performing discretionary functions are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727-38, 73 L.Ed.2d 396 (1982).

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1. Warrantless Entry–Probable Cause Plus Exigent Circumstances

 

At the time of the entry into the home, it was settled constitutional law that, absent exigent circumstances, police could not enter a dwelling without a warrant even under statutory authority where probable cause existed. See Payton v. New York, 445 U.S. 573, 588-90, 100 S.Ct. 1371, 1381-82, 63 L.Ed.2d 639 (1980). Washington law provides that law enforcement officers may not take a child into custody without a court order unless they have “probable cause to believe that the child is abused or neglected and that the child would be injured or could not be taken into custody if it were necessary to first obtain a court order …”. RCW 26.44.050. This provision defines the requirement of probable cause plus exigent circumstances. If the deputies complied with the statute, they have satisfied the constitutional requirement and are immune from suit.

 

Probable cause is ordinarily a question for the jury, and denial of summary judgment is appropriate only if no reasonable jury could find that the officers had probable cause. McKenzie v. Lamb, 738 F.2d 1005, 1008 (9th Cir.1984). We have applied this rule when determining whether officers engaging in a search had qualified immunity. See Bilbrey v. Brown, 738 F.2d 1462, 1467 (9th Cir.1984). Bilbrey was decided before Mitchell v. Forsyth. In Mitchell, the Court stated that qualified immunity “is an immunity from suit rather than a mere defense to liability; and … it is effectively lost if a case is erroneously permitted to go to trial.” Mitchell, 105 S.Ct. at 2816. If the question of probable cause is allowed to go to the jury where qualified immunity is at issue, this defense will be effectively lost. See id. Here, the existence of probable cause was to be determined by the trial court, and is appropriate for our determination on appeal.

 

Applying the law to the facts as shown in the deputies’ affidavits, we conclude that the deputies had probable cause to believe the child had been abused and that the child would be injured or could not be taken into custody if it were first necessary to obtain a court order. The CPS report was corroborated by observations made by the deputies after their arrival at the Whites’ home. From the door they could see a boy who, Mr. White admitted, appeared to be about seven years old. He stopped the child who attempted to show his back to the deputies. White became extremely abusive and violent. The deputies could reasonably conclude that Mr. White was attempting to hide past abuse, and that, if they left to get a court order, Mr. White might abuse the child again or flee with him. Having complied with the statute, the deputies are immune.

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2. Excessive Force

 

The Whites contend that the deputies used excessive force in the arrest of Mr. White. The use of excessive force by police officers in an arrest violates the arrestee’s Fourth Amendment right to be free from an unreasonable seizure. See Robins v. Harum, 773 F.2d 1004, 1007 (9th Cir.1985). The reasonableness of force is analyzed in light of such factors as the requirements for the officer’s safety, the motivation for the arrest, and the extent of the injury inflicted. McKenzie, 738 F.2d at 1011. Qualified immunity is a defense to a claim of excessive force. See Gregory v. Thompson, 500 F.2d 59, 65 (9th Cir.1974).

 

The question of the reasonableness of the force used in an arrest is usually for the jury. See, e.g., Robins, 773 F.2d at 1010; McKenzie, 738 F.2d at 1011. However, as with probable cause, the trial court, and this court on appeal, must decide this issue on summary judgment where qualified immunity is at issue. On this record, there is no indication that the deputies used more force than necessary to subdue White, who was violently resisting them and preventing them from performing their statutory duty of examining the child. There is nothing in the record to indicate that Mr. White was injured. He was not struck or beaten. The deputies could have reasonably believed the force used to subdue Mr. White was necessary for their immediate safety.

 

The court’s denial of the motion for summary judgment by deputies Weast, Delton, and Buhl is reversed. The appeals of the other appellants are dismissed for lack of jurisdiction.

 

SCHROEDER, Circuit Judge, Dissenting.

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This is a narrow, interlocutory appeal on an incomplete record. The only issue is whether the defendants have demonstrated, as a matter of law, that they are immune from suit. Mitchell v. Forsyth, — U.S. —-, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985). The record must be viewed in the light most favorable to the plaintiff. Kraus v. County of Pierce, 793 F.2d 1105, 1110 (9th Cir.1986). To prevail in their motion for summary judgment, the defendants had to show that they had probable cause to believe both that White’s son had been abused, and, further, that the boy would be injured or secreted from them if they waited to obtain a warrant. In my opinion, they demonstrated neither.

 

The deputies went to Jimmy White’s house with only a report that a child of seven with welts on his back had been seen in the yard. When White opened the door, they observed that the household included a child who appeared to be about that age. They then demanded to examine the back of the child, and White refused. The deputies continued their insistence for 20 minutes, until White eventually resorted to profanity, and resisted the deputies’ forceable attempt to enter the house.

 

The majority states that the deputies could have reasonably concluded that White was attempting to “hide past abuse.” The affidavits and the record do not provide any basis for such a conclusion, nor do they even use the word “hide.” All that they demonstrate is that White stood on his constitutional rights and refused to allow the officers to examine the child without showing, by means of a warrant, that they had reason to do so.

 

White’s refusal to permit the police to do that which the Constitution prohibits them from doing cannot be used to create the probable cause necessary to justify that act. The Supreme Court has made clear that an individual may not be punished for failing to obey a police officer’s unlawful command. Wright v. Georgia, 373 U.S. 284, 83 S.Ct. 1240, 10 L.Ed.2d 349 (1963). Our court has also stated in no uncertain terms that an individual’s refusal to permit the police to enter her home without a warrant may not be used against her in a trial for harboring a suspect. United States v. Prescott, 581 F.2d 1343 (9th Cir.1978). We said that asserting the right to refuse a warrantless entry can neither be a crime itself nor serve as evidence of a crime. Id. at 1351. A fortiori the refusal to permit a warrantless entry cannot be used to create the circumstances justifying such an entry.

 

Nor can White’s eventual resort to profanity in his objection to the entry serve to justify the entry. The Supreme Court has held that penalizing profanity infringes the speaker’s rights of free expression. Cohen v. California, 403 U.S. 15, 91 S.Ct. 1780, 29 L.Ed.2d 284 (1971). Speaking for the majority, Justice Harlan explained that “one man’s vulgarity is another’s lyric.” Id. at 25, 91 S.Ct. at 1788. Thus, under Cohen, the fact that White chose to express his objections to the entry with colorful language should have no bearing on whether the police had observed circumstances justifying the entry.

 

Child abuse is a heinous crime. So are murder and rape. Just as the repulsiveness of the latter two crimes does not affect the constitutional restrictions placed on police officers, neither should our repugnance to the former crime cause us to condone police procedures that infringe constitutional protections.

 

Section 1983 is an important deterrent against police conduct which violates the fourth amendment’s guarantee of security in our homes from unreasonable police intrusion. These deputies are not immune if they violated “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 2738, 73 L.Ed.2d 396 (1982). The rights which plaintiffs assert in this case are clearly established. “At the very core [of the fourth amendment] stands the right of a man to retreat into his own home and there be free from unreasonable governmental intrusion.” Silverman v. United States, 365 U.S. 505, 511, 81 S.Ct. 679, 683, 5 L.Ed.2d 734 (1961) (citing Howell’s State Trials and early Supreme Court precedent). See also Payton v. New York, 445 U.S. 573, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980); United States v. United States District Court, 407 U.S. 297, 313, 92 S.Ct. 2125, 2134, 32 L.Ed.2d 752 (1972) (“[P]hysical entry of the home is the chief evil against which the wording of the Fourth Amendment is directed.”).

 

In holding that state officers may appeal on an interlocutory basis the denial of a motion for summary judgment in section 1983 cases, the Supreme Court created a mechanism for weeding out claims which lack merit as a matter of law. Mitchell, 105 S.Ct. at 2815-16. Such appeals should not become a device permitting appellate judges to become triers of fact and to resolve conflicting inferences in favor of police officers. In my view the majority has succumbed to that temptation. I would affirm the district court.

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1RCW 26.44.050 reads in relevant part:

Upon the receipt of a report concerning the possible occurrence of abuse or neglect, it shall be the duty of the law enforcement agency or the Department of Social and Health Services to investigate and provide the protective services section with a report in accordance with the provision of Chapter 74.13 RCW, and where necessary to refer such report to a court.

A law enforcement officer may take, or cause to be taken, a child into custody without a court order if there is probable cause to believe that the child is abused or neglected and that the child would be injured or could not be taken into custody if it were necessary to first obtain a court order….

108th Congress Public Law 36 From the U.S. Government Printing Office DOCID: f:publ036.108 Page 799

KEEPING CHILDREN AND FAMILIES SAFE ACT OF 2003

 

Page 117 STAT. 800 Public Law 108-36 108th Congress An Act To amend the Child Abuse Prevention and Treatment Act to make improvements to and reauthorize programs under that Act, and for other purposes. NOTE: June 25, 2003 – S. 342 Be it enacted by the Senate and House of Representatives of the United States of America in Congress NOTE: Keeping Children and Families Safe Act of 2003. assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) NOTE: 42 USC 5101 note. Short Title.–This Act may be cited as the “Keeping Children and Families Safe Act of 2003”. (b) Table of Contents.–The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I–CHILD ABUSE PREVENTION AND TREATMENT ACT Sec. 101. Findings. Subtitle A–General Program Sec. 111. National clearinghouse for information relating to child abuse. Sec. 112. Research and assistance activities and demonstrations. Sec. 113. Grants to States and public or private agencies and organizations. Sec. 114. Grants to States for child abuse and neglect prevention and treatment programs. Sec. 115. Grants to States for programs relating to the investigation and prosecution of child abuse and neglect cases. Sec. 116. Miscellaneous requirements relating to assistance. Sec. 117. Authorization of appropriations. Sec. 118. Reports. Subtitle B–Community-Based Grants for the Prevention of Child Abuse Sec. 121. Purpose and authority. Sec. 122. Eligibility. Sec. 123. Amount of grant. Sec. 124. Existing grants. Sec. 125. Application. Sec. 126. Local program requirements. Sec. 127. Performance measures. Sec. 128. National network for community-based family resource programs. Sec. 129. Definitions. Sec. 130. Authorization of appropriations. Subtitle C–Conforming Amendments Sec. 141. Conforming amendments. TITLE II–ADOPTION OPPORTUNITIES Sec. 201. Congressional findings and declaration of purpose. Sec. 202. Information and services. Sec. 203. Study of adoption placements. Sec. 204. Studies on successful adoptions. Sec. 205. Authorization of appropriations. TITLE III–ABANDONED INFANTS ASSISTANCE Sec. 301. Findings. Page 117 STAT. 801 Sec. 302. Establishment of local projects. Sec. 303. Evaluations, study, and reports by Secretary. Sec. 304. Authorization of appropriations. Sec. 305. Definitions. Sec. 306. Conforming amendment. TITLE IV–FAMILY VIOLENCE PREVENTION AND SERVICES ACT Sec. 401. State demonstration grants. Sec. 402. Secretarial responsibilities. Sec. 403. Evaluation. Sec. 404. Information and technical assistance centers. Sec. 405. Related assistance. Sec. 406. Authorization of appropriations. Sec. 407. Grants for State domestic violence coalitions. Sec. 408. Evaluation and monitoring. Sec. 409. Family member abuse information and documentation project. Sec. 410. Model State leadership grants. Sec. 411. National domestic violence hotline and internet grant. Sec. 412. Youth education and domestic violence. Sec. 413. Demonstration grants for community initiatives. Sec. 414. Transitional housing assistance. Sec. 415. Technical and conforming amendments. Sec. 416. Conforming amendment to another Act. TITLE I–CHILD ABUSE PREVENTION AND TREATMENT ACT SEC. 101. FINDINGS. Section 2 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 note) is amended– (1) in paragraph (1), by striking “close to 1,000,000” and inserting “approximately 900,000”; (2) by redesignating paragraphs (2) through (11) as paragraphs (4) through (13), respectively; (3) by inserting after paragraph (1) the following: “(2)(A) more children suffer neglect than any other form of maltreatment; and “(B) investigations have determined that approximately 60 percent of children who were victims of maltreatment in 2001 suffered neglect, 19 percent suffered physical abuse, 10 percent suffered sexual abuse, and 7 percent suffered emotional maltreatment; “(3)(A) child abuse can result in the death of a child; “(B) in 2001, an estimated 1,300 children were counted by child protection services to have died as a result of abuse or neglect; and “(C) children younger than 1 year old comprised 41 percent of child abuse fatalities and 85 percent of child abuse fatalities were younger than 6 years of age;”; (4) by striking paragraph (4) (as so redesignated), and inserting the following: “(4)(A) many of these children and their families fail to receive adequate protection and treatment; and “(B) slightly less than half of these children (42 percent in 2001) and their families fail to receive adequate protection or treatment;”; (5) in paragraph (5) (as so redesignated)– (A) in subparagraph (A), by striking “organizations” and inserting “community-based organizations”; Page 117 STAT. 802 (B) in subparagraph (D), by striking “ensures” and all that follows through “knowledge,” and inserting “recognizes the need for properly trained staff with the qualifications needed”; and (C) in subparagraph (E), by inserting before the semicolon the following: “, which may impact child rearing patterns, while at the same time, not allowing those differences to enable abuse”; (6) in paragraph (7) (as so redesignated), by striking “this national child and family emergency” and inserting “child abuse and neglect”; and (7) in paragraph (9) (as so redesignated)– (A) by striking “intensive” and inserting “needed”; and (B) by striking “if removal has taken place” and inserting “where appropriate”. Subtitle A–General Program SEC. 111. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING TO CHILD ABUSE. (a) Functions.–Section 103(b) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5104(b)) is amended– (1) in paragraph (1), by striking “all programs,” and all that follows through “neglect; and” and inserting “all effective programs, including private and community-based programs, that show promise of success with respect to the prevention, assessment, identification, and treatment of child abuse and neglect and hold the potential for broad scale implementation and replication;”; (2) in paragraph (2), by striking the period and inserting a semicolon; (3) by redesignating paragraph (2) as paragraph (3); (4) by inserting after paragraph (1) the following: “(2) maintain information about the best practices used for achieving improvements in child protective systems;”; and (5) by adding at the end the following: “(4) provide technical assistance upon request that may include an evaluation or identification of– “(A) various methods and procedures for the investigation, assessment, and prosecution of child physical and sexual abuse cases; “(B) ways to mitigate psychological trauma to the child victim; and “(C) effective programs carried out by the States under this Act; and “(5) collect and disseminate information relating to various training resources available at the State and local level to– “(A) individuals who are engaged, or who intend to engage, in the prevention, identification, and treatment of child abuse and neglect; and “(B) appropriate State and local officials to assist in training law enforcement, legal, judicial, medical, mental health, education, and child welfare personnel.”. (b) Coordination With Available Resources.–Section 103(c)(1) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5104(c)(1)) is amended– Page 117 STAT. 803 (1) in subparagraph (E), by striking “105(a); and” and inserting “104(a);”; (2) by redesignating subparagraph (F) as subparagraph (G); and (3) by inserting after subparagraph (E) the following: “(F) collect and disseminate information that describes best practices being used throughout the Nation for making appropriate referrals related to, and addressing, the physical, developmental, and mental health needs of abused and neglected children; and”. SEC. 112. RESEARCH AND ASSISTANCE ACTIVITIES AND DEMONSTRATIONS. (a) Research.–Section 104(a) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5105(a)) is amended– (1) in paragraph (1)– (A) in the matter preceding subparagraph (A), in the first sentence, by inserting “, including longitudinal research,” after “interdisciplinary program of research”; and (B) in subparagraph (B), by inserting before the semicolon the following: “, including the effects of abuse and neglect on a child’s development and the identification of successful early intervention services or other services that are needed”; (C) in subparagraph (C)– (i) by striking “judicial procedures” and inserting “judicial systems, including multidisciplinary, coordinated decisionmaking procedures”; and (ii) by striking “and” at the end; and (D) in subparagraph (D)– (i) in clause (viii), by striking “and” at the end; (ii) by redesignating clause (ix) as clause (x); and (iii) by inserting after clause (viii), the following: “(ix) the incidence and prevalence of child maltreatment by a wide array of demographic characteristics such as age, sex, race, family structure, household relationship (including the living arrangement of the resident parent and family size), school enrollment and education attainment, disability, grandparents as caregivers, labor force status, work status in previous year, and income in previous year; and”; (E) by redesignating subparagraph (D) as subparagraph (I); and (F) by inserting after subparagraph (C), the following: “(D) the evaluation and dissemination of best practices consistent with the goals of achieving improvements in the child protective services systems of the States in accordance with paragraphs (1) through (12) of section 106(a); “(E) effective approaches to interagency collaboration between the child protection system and the juvenile justice system that improve the delivery of services and treatment, including methods for continuity of treatment plan and services as children transition between systems; “(F) an evaluation of the redundancies and gaps in the services in the field of child abuse and neglect prevention in order to make better use of resources; Page 117 STAT. 804 “(G) the nature, scope, and practice of voluntary relinquishment for foster care or State guardianship of low income children who need health services, including mental health services; “(H) the information on the national incidence of child abuse and neglect specified in clauses (i) through (xi) of subparagraph (H); and”; (2) in paragraph (2), by striking subparagraph (B) and inserting the following: “(B) NOTE: Deadline. Records. Not later than 2 years after the date of enactment of the Keeping Children and Families Safe Act of 2003, and every 2 years thereafter, the Secretary shall provide an opportunity for public comment concerning the priorities proposed under subparagraph (A) and maintain an official record of such public comment.”; (3) by redesignating paragraph (2) as paragraph (4); (4) by inserting after paragraph (1) the following: “(2) Research.–The Secretary shall conduct research on the national incidence of child abuse and neglect, including the information on the national incidence on child abuse and neglect specified in subparagraphs (i) through (ix) of paragraph (1)(I). “(3) NOTE: Deadline. Report.–Not later than 4 years after the date of the enactment of the Keeping Children and Families Safe Act of 2003, the Secretary shall prepare and submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate a report that contains the results of the research conducted under paragraph (2).”. (b) Provision of Technical Assistance.–Section 104(b) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5105(b)) is amended– (1) in paragraph (1)– (A) by striking “nonprofit private agencies and” and inserting “private agencies and community-based”; and (B) by inserting “, including replicating successful program models,” after “programs and activities”; and (2) in paragraph (2)– (A) in subparagraph (B), by striking “and” at the end; (B) in subparagraph (C), by striking the period and inserting “; and”; and (C) by adding at the end the following: “(D) effective approaches being utilized to link child protective service agencies with health care, mental health care, and developmental services to improve forensic diagnosis and health evaluations, and barriers and shortages to such linkages.”. (c) Demonstration Programs and Projects.–Section 104 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5105) is amended by adding at the end the following: “(e) Demonstration Programs and Projects.–The Secretary may award grants to, and enter into contracts with, States or public or private agencies or organizations (or combinations of such agencies or organizations) for time-limited, demonstration projects for the following: “(1) Promotion of safe, family-friendly physical environments for visitation and exchange.–The Secretary Page 117 STAT. 805 may award grants under this subsection to entities to assist such entities in establishing and operating safe, family- friendly physical environments– “(A) for court-ordered, supervised visitation between children and abusing parents; and “(B) to safely facilitate the exchange of children for visits with noncustodial parents in cases of domestic violence. “(2) Education identification, prevention, and treatment.– The Secretary may award grants under this subsection to entities for projects that provide educational identification, prevention, and treatment services in cooperation with preschool and elementary and secondary schools. “(3) Risk and safety assessment tools.–The Secretary may award grants under this subsection to entities for projects that provide for the development of research-based strategies for risk and safety assessments relating to child abuse and neglect. “(4) Training.–The Secretary may award grants under this subsection to entities for projects that involve research-based strategies for innovative training for mandated child abuse and neglect reporters.”. SEC. 113. GRANTS TO STATES AND PUBLIC OR PRIVATE AGENCIES AND ORGANIZATIONS. (a) Demonstration Programs and Projects.–Section 105(a) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106(a)) is amended– (1) in the subsection heading, by striking “Demonstration” and inserting “Grants for”; (2) in the matter preceding paragraph (1)– (A) by inserting “States,” after “contracts with,”; (B) by striking “nonprofit”; and (C) by striking “time limited, demonstration”; (3) in paragraph (1)– (A) in the matter preceding subparagraph (A), by striking “nonprofit”; (B) in subparagraph (A), by striking “law, education, social work, and other relevant fields” and inserting “law enforcement, judiciary, social work and child protection, education, and other relevant fields, or individuals such as court appointed special advocates (CASAs) and guardian ad litem,”; (C) in subparagraph (B), by striking “nonprofit” and all that follows through “; and” and inserting “children, youth and family service organizations in order to prevent child abuse and neglect;”; (D) in subparagraph (C), by striking the period and inserting a semicolon; and (E) by adding at the end the following: “(D) for training to support the enhancement of linkages between child protective service agencies and health care agencies, including physical and mental health services, to improve forensic diagnosis and health evaluations and for innovative partnerships between child protective service agencies and health care agencies that offer creative Page 117 STAT. 806 approaches to using existing Federal, State, local, and private funding to meet the health evaluation needs of children who have been subjects of substantiated cases of child abuse or neglect; “(E) for the training of personnel in best practices to promote collaboration with the families from the initial time of contact during the investigation through treatment; “(F) for the training of personnel regarding the legal duties of such personnel and their responsibilities to protect the legal rights of children and families; “(G) for improving the training of supervisory and nonsupervisory child welfare workers; “(H) for enabling State child welfare agencies to coordinate the provision of services with State and local health care agencies, alcohol and drug abuse prevention and treatment agencies, mental health agencies, and other public and private welfare agencies to promote child safety, permanence, and family stability; “(I) for cross training for child protective service workers in research-based strategies for recognizing situations of substance abuse, domestic violence, and neglect; and “(J) for developing, implementing, or operating information and education programs or training programs designed to improve the provision of services to disabled infants with life-threatening conditions for– “(i) professionals and paraprofessional personnel concerned with the welfare of disabled infants with life-threatening conditions, including personnel employed in child protective services programs and health care facilities; and “(ii) the parents of such infants.”; (4) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (5) by inserting after paragraph (1), the following: “(2) Triage procedures.–The Secretary may award grants under this subsection to public and private agencies that demonstrate innovation in responding to reports of child abuse and neglect, including programs of collaborative partnerships between the State child protective services agency, community social service agencies and family support programs, law enforcement agencies, developmental disability agencies, substance abuse treatment entities, health care entities, domestic violence prevention entities, mental health service entities, schools, churches and synagogues, and other community agencies, to allow for the establishment of a triage system that– “(A) accepts, screens, and assesses reports received to determine which such reports require an intensive intervention and which require voluntary referral to another agency, program, or project; “(B) provides, either directly or through referral, a variety of community-linked services to assist families in preventing child abuse and neglect; and “(C) provides further investigation and intensive intervention where the child’s safety is in jeopardy.”; Page 117 STAT. 807 (6) in paragraph (3) (as so redesignated), by striking “nonprofit organizations (such as Parents Anonymous)” and inserting “organizations”; (7) in paragraph (4) (as so redesignated)– (A) by striking the paragraph heading; (B) by striking subparagraphs (A) and (C); and (C) in subparagraph (B)– (i) by striking “(B) Kinshipcare.–” and inserting the following: “(4) Kinship care.– “(A) In general.–”; and (ii) by striking “nonprofit”; and (8) by adding at the end the following: “(5) Linkages between child protective service agencies and public health, mental health, and developmental disabilities agencies.–The Secretary may award grants to entities that provide linkages between State or local child protective service agencies and public health, mental health, and developmental disabilities agencies, for the purpose of establishing linkages that are designed to help assure that a greater number of substantiated victims of child maltreatment have their physical health, mental health, and developmental needs appropriately diagnosed and treated, in accordance with all applicable Federal and State privacy laws.”. (b) Discretionary Grants.–Section 105(b) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106(b)) is amended– (1) in the matter preceding paragraph (1), by striking “subsection (b)” and inserting “subsection (a)”; (2) by striking paragraph (1); (3) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; (4) by inserting after paragraph (2) (as so redesignated), the following: “(3) Programs based within children’s hospitals or other pediatric and adolescent care facilities, that provide model approaches for improving medical diagnosis of child abuse and neglect and for health evaluations of children for whom a report of maltreatment has been substantiated.”; and (5) in paragraph (4)(D), by striking “nonprofit”. (c) Evaluation.–Section 105(c) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106(c)) is amended– (1) in the first sentence, by striking “demonstration”; (2) in the second sentence, by inserting “or contract” after “or as a separate grant”; and (3) by adding at the end the following: “In the case of an evaluation performed by the recipient of a grant, the Secretary shall make available technical assistance for the evaluation, where needed, including the use of a rigorous application of scientific evaluation techniques.”. (d) Technical Amendment to Heading.–The section heading for section 105 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106) is amended to read as follows: Page 117 STAT. 808 “SEC. 105. GRANTS TO STATES AND PUBLIC OR PRIVATE AGENCIES AND ORGANIZATIONS.”. SEC. 114. GRANTS TO STATES FOR CHILD ABUSE AND NEGLECT PREVENTION AND TREATMENT PROGRAMS. (a) Development and Operation Grants.–Section 106(a) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(a)) is amended– (1) in paragraph (3)– (A) by inserting “, including ongoing case monitoring,” after “case management”; and (B) by inserting “and treatment” after “and delivery of services”; (2) in paragraph (4), by striking “improving” and all that follows through “referral systems” and inserting “developing, improving, and implementing risk and safety assessment tools and protocols”; (3) by striking paragraph (7); (4) by redesignating paragraphs (5), (6), (8), and (9) as paragraphs (6), (8), (9), and (12), respectively; (5) by inserting after paragraph (4), the following: “(5) developing and updating systems of technology that support the program and track reports of child abuse and neglect from intake through final disposition and allow interstate and intrastate information exchange;”; (6) in paragraph (6) (as so redesignated), by striking “opportunities” and all that follows through “system” and inserting “including– “(A) training regarding research-based strategies to promote collaboration with the families; “(B) training regarding the legal duties of such individuals; and “(C) personal safety training for case workers;”; (7) by inserting after paragraph (6) (as so redesignated) the following: “(7) improving the skills, qualifications, and availability of individuals providing services to children and families, and the supervisors of such individuals, through the child protection system, including improvements in the recruitment and retention of caseworkers;”; (8) by striking paragraph (9) (as so redesignated), and inserting the following: “(9) developing and facilitating research-based strategies for training for individuals mandated to report child abuse or neglect; “(10) developing, implementing, or operating programs to assist in obtaining or coordinating necessary services for families of disabled infants with life-threatening conditions, including– “(A) existing social and health services; “(B) financial assistance; and “(C) services necessary to facilitate adoptive placement of any such infants who have been relinquished for adoption; “(11) developing and delivering information to improve public education relating to the role and responsibilities of the child protection system and the nature and basis for reporting suspected incidents of child abuse and neglect;”; Page 117 STAT. 809 (9) in paragraph (12) (as so redesignated), by striking the period and inserting a semicolon; and (10) by adding at the end the following: “(13) supporting and enhancing interagency collaboration between the child protection system and the juvenile justice system for improved delivery of services and treatment, including methods for continuity of treatment plan and services as children transition between systems; or “(14) supporting and enhancing collaboration among public health agencies, the child protection system, and private community-based programs to provide child abuse and neglect prevention and treatment services (including linkages with education systems) and to address the health needs, including mental health needs, of children identified as abused or neglected, including supporting prompt, comprehensive health and developmental evaluations for children who are the subject of substantiated child maltreatment reports.”. (b) Eligibility Requirements.– (1) In general.–Section 106(b) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)) is amended– (A) in paragraph (1)(B)– (i) by striking “provide notice to the Secretary of any substantive changes” and inserting the following: “provide notice to the Secretary– “(i) of any substantive changes; and”; (ii) by striking the period and inserting “; and”; and (iii) by adding at the end the following: “(ii) any significant changes to how funds provided under this section are used to support the activities which may differ from the activities as described in the current State application.”; (B) in paragraph (2)(A)– (i) by redesignating clauses (ii), (iii), (iv), (v), (vi), (vii), (viii), (ix), (x), (xi), (xii), and (xiii) as clauses (iv), (vi), (vii), (viii), (x), (xi), (xii), (xiii), (xiv), (xv), (xvi) and (xvii), respectively; (ii) by inserting after clause (i), the following: “(ii) policies and procedures (including appropriate referrals to child protection service systems and for other appropriate services) to address the needs of infants born and identified as being affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure, including a requirement that health care providers involved in the delivery or care of such infants notify the child protective services system of the occurrence of such condition in such infants, except that such notification shall not be construed to– “(I) establish a definition under Federal law of what constitutes child abuse; or “(II) require prosecution for any illegal action; “(iii) the development of a plan of safe care for the infant born and identified as being affected by illegal substance abuse or withdrawal symptoms;”; (iii) in clause (iv) (as so redesignated), by inserting “risk and” before “safety”; Page 117 STAT. 810 (iv) by inserting after clause (iv) (as so redesignated), the following: “(v) triage procedures for the appropriate referral of a child not at risk of imminent harm to a community organization or voluntary preventive service;”; (v) in clause (viii)(II) (as so redesignated), by striking “, having a need for such information in order to carry out its responsibilities under law to protect children from abuse and neglect” and inserting “, as described in clause (ix)”; (vi) by inserting after clause (viii) (as so redesignated), the following: “(ix) provisions to require a State to disclose confidential information to any Federal, State, or local government entity, or any agent of such entity, that has a need for such information in order to carry out its responsibilities under law to protect children from abuse and neglect;”; (vii) in clause (xiii) (as so redesignated)– (I) by inserting “who has received training appropriate to the role, and” after “guardian ad litem,”; and (II) by inserting “who has received training appropriate to that role” after “advocate”; (viii) in clause (xv) (as so redesignated), by striking “to be effective not later than 2 years after the date of enactment of this section”; (ix) in clause (xvi) (as so redesignated)– (I) by striking “to be effective not later than 2 years after the date of enactment of this section”; and (II) by striking “and” at the end; (x) in clause (xvii) (as so redesignated), by striking “clause (xii)” each place that such appears and inserting “clause (xvi)”; and (xi) by adding at the end the following: “(xviii) provisions and procedures to require that a representative of the child protective services agency shall, at the initial time of contact with the individual subject to a child abuse and neglect investigation, advise the individual of the complaints or allegations made against the individual, in a manner that is consistent with laws protecting the rights of the informant; “(xix) provisions addressing the training of representatives of the child protective services system regarding the legal duties of the representatives, which may consist of various methods of informing such representatives of such duties, in order to protect the legal rights and safety of children and families from the initial time of contact during investigation through treatment; “(xx) provisions and procedures for improving the training, retention, and supervision of caseworkers; Page 117 STAT. 811 “(xxi) provisions and procedures for referral of a child under the age of 3 who is involved in a substantiated case of child abuse or neglect to early intervention services funded under part C of the Individuals with Disabilities Education Act; and “(xxii) NOTE: Deadline. not later than 2 years after the date of enactment of the Keeping Children and Families Safe Act of 2003, provisions and procedures for requiring criminal background record checks for prospective foster and adoptive parents and other adult relatives and non- relatives residing in the household;”; and (C) in paragraph (2), by adding at the end the following flush sentence: “Nothing in subparagraph (A) shall be construed to limit the State’s flexibility to determine State policies relating to public access to court proceedings to determine child abuse and neglect, except that such policies shall, at a minimum, ensure the safety and well-being of the child, parents, and families.”. (2) Limitation.–Section 106(b)(3) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)(3)) is amended by striking “With regard to clauses (v) and (vi) of paragraph (2)(A)” and inserting “With regard to clauses (vi) and (vii) of paragraph (2)(A)”. (c) Citizen Review Panels.–Section 106(c) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(c)) is amended– (1) in paragraph (4)– (A) in subparagraph (A)– (i) in the matter preceding clause (i)– (I) by striking “and procedures” and inserting “, procedures, and practices”; and (II) by striking “the agencies” and inserting “State and local child protection system agencies”; and (ii) in clause (iii)(I), by striking “State” and inserting “State and local”; and (B) by adding at the end the following: “(C) Public outreach.–Each panel shall provide for public outreach and comment in order to assess the impact of current procedures and practices upon children and families in the community and in order to meet its obligations under subparagraph (A).”; and (2) in paragraph (6)– (A) by striking “public” and inserting “State and the public”; and (B) by inserting before the period the following: “and recommendations to improve the child protection services system at the State and local levels. NOTE: Deadline. Not later than 6 months after the date on which a report is submitted by the panel to the State, the appropriate State agency shall submit a written response to State and local child protection systems and the citizen review panel that describes whether or how the State will incorporate the recommendations of such panel (where appropriate) to make measurable progress in improving the State and local child protective system”. Page 117 STAT. 812 (d) Annual State Data Reports.–Section 106(d) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(d)) is amended by adding at the end the following: “(13) The annual report containing the summary of the activities of the citizen review panels of the State required by subsection (c)(6). “(14) The number of children under the care of the State child protection system who are transferred into the custody of the State juvenile justice system.”. (e) NOTE: Deadline. 42 USC 5106a note. Report.–Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall prepare and submit to Congress a report that describes the extent to which States are implementing the policies and procedures required under section 106(b)(2)(B)(ii) of the Child Abuse Prevention and Treatment Act. SEC. 115. GRANTS TO STATES FOR PROGRAMS RELATING TO THE INVESTIGATION AND PROSECUTION OF CHILD ABUSE AND NEGLECT CASES. Section 107(a) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106c(a)) is amended– (1) in paragraph (2), by striking “and” at the end; (2) in paragraph (3), by striking the period at the end and inserting “; and”; and (3) by adding at the end the following: “(4) the handling of cases involving children with disabilities or serious health-related problems who are victims of abuse or neglect.”. SEC. 116. MISCELLANEOUS REQUIREMENTS RELATING TO ASSISTANCE. Section 108 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106d) is amended by adding at the end the following: “(d) Sense of Congress.–It is the sense of Congress that the Secretary should encourage all States and public and private agencies or organizations that receive assistance under this title to ensure that children and families with limited English proficiency who participate in programs under this title are provided materials and services under such programs in an appropriate language other than English. “(e) Annual Report.–A State that receives funds under section 106(a) shall annually prepare and submit to the Secretary a report describing the manner in which funds provided under this Act, alone or in combination with other Federal funds, were used to address the purposes and achieve the objectives of section 106.”. SEC. 117. AUTHORIZATION OF APPROPRIATIONS. (a) General Authorization.–Section 112(a)(1) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106h(a)(1)) is amended to read as follows: “(1) General authorization.–There are authorized to be appropriated to carry out this title $120,000,000 for fiscal year 2004 and such sums as may be necessary for each of the fiscal years 2005 through 2008.”. (b) Demonstration Projects.–Section 112(a)(2)(B) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106h(a)(2)(B)) is amended– Page 117 STAT. 813 (1) by striking “Secretary make” and inserting “Secretary shall make”; and (2) by striking “section 106” and inserting “section 104”. SEC. 118. REPORTS. Section 110 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106f) is amended by adding at the end the following: “(c) Study and Report Relating to Citizen Review Panels.– “(1) Study.–The Secretary shall conduct a study by random sample of the effectiveness of the citizen review panels established under section 106(c). “(2) NOTE: Deadline. Report.–Not later than 3 years after the date of enactment of the Keeping Children and Families Safe Act of 2003, the Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that contains the results of the study conducted under paragraph (1).”. Subtitle B–Community-Based Grants for the Prevention of Child Abuse SEC. 121. PURPOSE AND AUTHORITY. (a) Purpose.–Section 201(a)(1) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116(a)(1)) is amended to read as follows: “(1) to support community-based efforts to develop, operate, expand, enhance, and, where appropriate to network, initiatives aimed at the prevention of child abuse and neglect, and to support networks of coordinated resources and activities to better strengthen and support families to reduce the likelihood of child abuse and neglect; and”. (b) Authority.–Section 201(b) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116(b)) is amended– (1) in paragraph (1)– (A) in the matter preceding subparagraph (A) by striking “Statewide” and all that follows through the dash, and inserting “community-based and prevention- focused programs and activities designed to strengthen and support families to prevent child abuse and neglect (through networks where appropriate) that are accessible, effective, culturally appropriate, and build upon existing strengths that–”; (B) in subparagraph (F), by striking “and” at the end; and (C) by striking subparagraph (G) and inserting the following: “(G) demonstrate a commitment to meaningful parent leadership, including among parents of children with disabilities, parents with disabilities, racial and ethnic minorities, and members of other underrepresented or underserved groups; and “(H) provide referrals to early health and developmental services;”; and (2) in paragraph (4)– Page 117 STAT. 814 (A) by inserting “through leveraging of funds” after “maximizing funding”; (B) by striking “a Statewide network of community- based, prevention-focused” and inserting “community- based and prevention-focused”; and (C) by striking “family resource and support program” and inserting “programs and activities designed to strengthen and support families to prevent child abuse and neglect (through networks where appropriate)”. (c) Technical Amendment to Title Heading.–Title II of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116) is amended by striking the heading for such title and inserting the following: “TITLE II–COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD ABUSE AND NEGLECT”. SEC. 122. ELIGIBILITY. Section 202 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116a) is amended– (1) in paragraph (1)– (A) in subparagraph (A)– (i) by striking “a Statewide network of community-based, prevention-focused” and inserting “community-based and prevention- focused”; and (ii) by striking “family resource and support programs” and all that follows through the semicolon and inserting “programs and activities designed to strengthen and support families to prevent child abuse and neglect (through networks where appropriate);” (B) in subparagraph (B), by inserting “that exists to strengthen and support families to prevent child abuse and neglect” after “written authority of the State)”; (2) in paragraph (2)– (A) in subparagraph (A), by striking “a network of community-based family resource and support programs” and inserting “community-based and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect (through networks where appropriate)”; (B) in subparagraph (B)– (i) by striking “to the network”; and (ii) by inserting “, and parents with disabilities” before the semicolon; (C) in subparagraph (C), by striking “to the network”; and (3) in paragraph (3)– (A) in subparagraph (A), by striking “Statewide network of community-based, prevention-focused, family resource and support programs” and inserting “community-based and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect (through networks where appropriate)”; Page 117 STAT. 815 (B) in subparagraph (B), by striking “Statewide network of community-based, prevention-focused, family resource and support programs” and inserting “community-based and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect (through networks where appropriate)”; (C) in subparagraph (C), by striking “and training and technical assistance, to the Statewide network of community-based, prevention-focused, family resource and support programs” and inserting “training, technical assistance, and evaluation assistance, to community- based and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect (through networks where appropriate)”; and (D) in subparagraph (D), by inserting “, parents with disabilities,” after “children with disabilities”. SEC. 123. AMOUNT OF GRANT. Section 203 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116b) is amended– (1) in subsection (b)(1)(B)– (A) by striking “as the amount leveraged by the State from private, State, or other non-Federal sources and directed through the” and inserting “as the amount of private, State or other non-Federal funds leveraged and directed through the currently designated”; (B) by striking “State lead agency” and inserting “State lead entity”; and (C) by striking “the lead agency” and inserting “the current lead entity”; and (2) in subsection (c)(2), by striking “subsection (a)” and inserting “subsection (b)”. SEC. 124. EXISTING GRANTS. Section 204 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5115c) NOTE: 42 USC 5116c. is repealed. SEC. 125. APPLICATION. Section 205 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116d) is amended– (1) in paragraph (1), by striking “Statewide network of community-based, prevention-focused, family resource and support programs” and inserting “community-based and prevention- focused programs and activities designed to strengthen and support families to prevent child abuse and neglect (through networks where appropriate)”; (2) in paragraph (2)– (A) by striking “network of community-based, prevention-focused, family resource and support programs” and inserting “community-based and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect (through networks where appropriate)”; and (B) by striking “, including those funded by programs consolidated under this Act,”; (3) by striking paragraph (3), and inserting the following: Page 117 STAT. 816 “(3) a description of the inventory of current unmet needs and current community-based and prevention-focused programs and activities to prevent child abuse and neglect, and other family resource services operating in the State;”; (4) in paragraph (4), by striking “State’s network of community-based, prevention-focused, family resource and support programs” and inserting “community-based and prevention- focused programs and activities designed to strengthen and support families to prevent child abuse and neglect”; (5) in paragraph (5), by striking “Statewide network of community-based, prevention-focused, family resource and support programs” and inserting “start up, maintenance, expansion, and redesign of community-based and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect”; (6) in paragraph (7), by striking “individual community- based, prevention-focused, family resource and support programs” and inserting “community-based and prevention- focused programs and activities designed to strengthen and support families to prevent child abuse and neglect”; (7) in paragraph (8), by striking “community-based, prevention-focused, family resource and support programs” and inserting “community-based and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect”; (8) in paragraph (9), by striking “community-based, prevention-focused, family resource and support programs” and inserting “community-based and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect”; (9) in paragraph (10), by inserting “(where appropriate)” after “members”; (10) in paragraph (11), by striking “prevention-focused, family resource and support program” and inserting “community- based and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect”; and (11) by redesignating paragraph (13) as paragraph (12). SEC. 126. LOCAL PROGRAM REQUIREMENTS. Section 206(a) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116e(a)) is amended– (1) in the matter preceding paragraph (1), by striking “prevention-focused, family resource and support programs” and inserting “and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect”; (2) in paragraph (3)(B), by inserting “voluntary home visiting and” after “including”; and (3) by striking paragraph (6) and inserting the following: “(6) participate with other community-based and prevention- focused programs and activities designed to strengthen and support families to prevent child abuse and neglect in the development, operation and expansion of networks where appropriate.”. Page 117 STAT. 817 SEC. 127. PERFORMANCE MEASURES. Section 207 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116f) is amended– (1) in paragraph (1), by striking “a Statewide network of community-based, prevention-focused, family resource and support programs” and inserting “community-based and prevention- focused programs and activities designed to strengthen and support families to prevent child abuse and neglect”; (2) by striking paragraph (3), and inserting the following: “(3) shall demonstrate that they will have addressed unmet needs identified by the inventory and description of current services required under section 205(3);”; (3) in paragraph (4)– (A) by inserting “and parents with disabilities,” after “children with disabilities,”; and (B) by striking “evaluation of” the first place it appears and all that follows through “under this title” and inserting “evaluation of community-based and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect, and in the design, operation and evaluation of the networks of such community-based and prevention-focused programs”; (4) in paragraph (5), by striking “, prevention-focused, family resource and support programs” and inserting “and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect”; (5) in paragraph (6), by striking “Statewide network of community-based, prevention-focused, family resource and support programs” and inserting “community-based and prevention- focused programs and activities designed to strengthen and support families to prevent child abuse and neglect”; and (6) in paragraph (8), by striking “community based, prevention-focused, family resource and support programs” and inserting “community-based and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect”. SEC. 128. NATIONAL NETWORK FOR COMMUNITY-BASED FAMILY RESOURCE PROGRAMS. Section 208(3) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116g(3)) is amended by striking “Statewide networks of community-based, prevention-focused, family resource and support programs” and inserting “community-based and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect”. SEC. 129. DEFINITIONS. (a) Children With Disabilities.–Section 209(1) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116h(1)) is amended by striking “given such term in section 602(a)(2)” and inserting “given the term `child with a disability’ in section 602(3) or `infant or toddler with a disability’ in section 632(5)”. (b) Community-Based and Prevention-Focused Programs and Activities to Prevent Child Abuse and Neglect.–Section 209 of the Child Abuse Prevention and Treatment Act (42 U.S.C. Page 117 STAT. 818 5116h) is amended by striking paragraphs (3) and (4) and inserting the following: “(3) Community-based and prevention-focused programs and activities to prevent child abuse and neglect.–The term `community-based and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect’ includes organizations such as family resource programs, family support programs, voluntary home visiting programs, respite care programs, parenting education, mutual support programs, and other community programs or networks of such programs that provide activities that are designed to prevent or respond to child abuse and neglect.”. SEC. 130. AUTHORIZATION OF APPROPRIATIONS. Section 210 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116i) is amended to read as follows: “SEC. 210. AUTHORIZATION OF APPROPRIATIONS. “There are authorized to be appropriated to carry out this title $80,000,000 for fiscal year 2004 and such sums as may be necessary for each of the fiscal years 2005 through 2008.”. Subtitle C–Conforming Amendments SEC. 141. CONFORMING AMENDMENTS. The table of contents of the Child Abuse Prevention and Treatment Act, as contained in section 1(b) of such Act (42 U.S.C. 5101 note), is amended as follows: (1) By striking the item relating to section 105 and inserting the following: “Sec. 105. Grants to States and public or private agencies and organizations.”. (2) By striking the item relating to title II and inserting the following: “TITLE II–COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD ABUSE AND NEGLECT.” (3) By striking the item relating to section 204. TITLE II–ADOPTION OPPORTUNITIES SEC. 201. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE. Section 201 of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 (42 U.S.C. 5111) is amended– (1) in subsection (a)– (A) by striking paragraphs (1) through (4) and inserting the following: “(1) the number of children in substitute care has increased by nearly 24 percent since 1994, as our Nation’s foster care population included more than 565,000 as of September of 2001; “(2) children entering foster care have complex problems that require intensive services, with many such children having special needs because they are born to mothers who did not receive prenatal care, are born with life threatening conditions Page 117 STAT. 819 or disabilities, are born addicted to alcohol or other drugs, or have been exposed to infection with the etiologic agent for the human immunodeficiency virus; “(3) each year, thousands of children are in need of placement in permanent, adoptive homes;”; (B) by striking paragraph (6); (C) by striking paragraph (7)(A) and inserting the following: “(7)(A) currently, there are 131,000 children waiting for adoption;”; and (D) by redesignating paragraphs (5), (7), (8), (9), and (10) as paragraphs (4), (5), (6), (7), and (8) respectively; and (2) in subsection (b)– (A) in the matter preceding paragraph (1), by inserting “, including geographic barriers,” after “barriers”; and (B) in paragraph (2), by striking “a national” and inserting “an Internet-based national”. SEC. 202. INFORMATION AND SERVICES. Section 203 of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 (42 U.S.C. 5113) is amended– (1) by striking the section heading and inserting the following: “SEC. 203. INFORMATION AND SERVICES.”; (2) by striking “Sec. 203. (a) The Secretary” and inserting the following: “(a) In General.–The Secretary”; (3) in subsection (b)– (A) by inserting “Required Activities.–” after “(b)”; (B) in paragraph (1), by striking “nonprofit” each place that such appears; (C) in paragraph (2), by striking “nonprofit”; (D) in paragraph (3), by striking “nonprofit”; (E) in paragraph (4), by striking “nonprofit”; (F) in paragraph (6), by striking “study the nature, scope, and effects of” and insert “support”; (G) in paragraph (7), by striking “nonprofit”; (H) in paragraph (9)– (i) by striking “nonprofit”; and (ii) by striking “and” at the end; (I) in paragraph (10)– (i) by striking “nonprofit”; each place that such appears; and (ii) by striking the period at the end and inserting “; and”; and (J) by adding at the end the following: “(11) provide (directly or by grant to or contract with States, local government entities, or public or private licensed child welfare or adoption agencies) for the implementation of programs that are intended to increase the number of older children (who are in foster care and with the goal of adoption) placed in adoptive families, with a special emphasis on child- specific recruitment strategies, including– “(A) outreach, public education, or media campaigns to inform the public of the needs and numbers of older youth available for adoption; Page 117 STAT. 820 “(B) training of personnel in the special needs of older youth and the successful strategies of child- focused, child-specific recruitment efforts; and “(C) recruitment of prospective families for such children.”; (4) in subsection (c)– (A) by striking “(c)(1) The Secretary” and inserting the following: “(c) Services for Families Adopting Special Needs Children.– “(1) In general.–The Secretary”; (B) by striking “(2) Services” and inserting the following: “(2) Services.–Services”; and (C) in paragraph (2)– (i) by realigning the margins of subparagraphs (A) through (G) accordingly; (ii) in subparagraph (F), by striking “and” at the end; (iii) in subparagraph (G), by striking the period and inserting a semicolon; and (iv) by adding at the end the following: “(H) day treatment; and “(I) respite care.”; and (D) by striking “nonprofit”; each place that such appears; (5) in subsection (d)– (A) by striking “(d)(1) The Secretary” and inserting the following: “(d) Improving Placement Rate of Children in Foster Care.– “(1) In general.–The Secretary”; (B) by striking “(2)(A) Each State” and inserting the following: “(2) Applications; technical and other assistance.– “(A) Applications.–Each State”; (C) by striking “(B) The Secretary” and inserting the following: “(B) Technical and other assistance.–The Secretary”; (D) in paragraph (2)(B)– (i) by realigning the margins of clauses (i) and (ii) accordingly; and (ii) by striking “nonprofit”; (E) by striking “(3)(A) Payments” and inserting the following: “(3) Payments.– “(A) In general.–Payments”; and (F) by striking “(B) Any payment” and inserting the following: “(B) Reversion of unused funds.–Any payment”; and (6) by adding at the end the following: “(e) Elimination of Barriers to Adoptions Across Jurisdictional Boundaries.– “(1) In general.–The NOTE: Grants. Secretary shall award grants to, or enter into contracts with, States, local government entities, Page 117 STAT. 821 public or private child welfare or adoption agencies, adoption exchanges, or adoption family groups to carry out initiatives to improve efforts to eliminate barriers to placing children for adoption across jurisdictional boundaries. “(2) Services to supplement not supplant.–Services provided under grants made under this subsection shall supplement, not supplant, services provided using any other funds made available for the same general purposes including– “(A) developing a uniform homestudy standard and protocol for acceptance of homestudies between States and jurisdictions; “(B) developing models of financing cross- jurisdictional placements; “(C) expanding the capacity of all adoption exchanges to serve increasing numbers of children; “(D) developing training materials and training social workers on preparing and moving children across State lines; and “(E) developing and supporting initiative models for networking among agencies, adoption exchanges, and parent support groups across jurisdictional boundaries.”. SEC. 203. STUDY OF ADOPTION PLACEMENTS. Section 204 of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 (42 U.S.C. 5114) is amended– (1) by striking “The” and inserting “(a) In General.– The”; (2) by striking “of this Act” and inserting “of the Keeping Children and Families Safe Act of 2003”; (3) by striking “to determine the nature” and inserting “to determine– “(1) the nature”; (4) by striking “which are not licensed” and all that follows through “entity”; and (5) by adding at the end the following: “(2) how interstate placements are being financed across State lines; “(3) recommendations on best practice models for both interstate and intrastate adoptions; and “(4) how State policies in defining special needs children differentiate or group similar categories of children.”. SEC. 204. NOTE: Reports. Deadlines. STUDIES ON SUCCESSFUL ADOPTIONS. Section 204 of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 (42 U.S.C. 5114) is amended by adding at the end the following: “(b) Dynamics of Successful Adoption.–The Secretary shall conduct research (directly or by grant to, or contract with, public or private nonprofit research agencies or organizations) about adoption outcomes and the factors affecting those outcomes. The Secretary shall submit a report containing the results of such research to the appropriate committees of the Congress not later than the date that is 36 months after the date of the enactment of the Keeping Children and Families Safe Act of 2003. “(c) Interjurisdictional Adoption.–Not later than 1 year after the date of the enactment of the Keeping Children and Families Safe Act of 2003, the Secretary shall submit to the appropriate committees of the Congress a report that contains recommendations Page 117 STAT. 822 for an action plan to facilitate the interjurisdictional adoption of foster children.”. SEC. 205. AUTHORIZATION OF APPROPRIATIONS. Section 205(a) of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 (42 U.S.C. 5115(a)) is amended to read as follows: “There are authorized to be appropriated $40,000,000 for fiscal year 2004 and such sums as may be necessary for fiscal years 2005 through 2008 to carry out programs and activities authorized under this subtitle.”. TITLE III–ABANDONED INFANTS ASSISTANCE SEC. 301. FINDINGS. Section 2 of the Abandoned Infants Assistance Act of 1988 (42 U.S.C. 670 note) is amended– (1) by striking paragraph (1); (2) in paragraph (2)– (A) by inserting “studies indicate that a number of factors contribute to” before “the inability of”; (B) by inserting “some” after “inability of”; (C) by striking “who abuse drugs”; and (D) by striking “care for such infants” and inserting “care for their infants”; (3) by amending paragraph (5) to read as follows: “(5) appropriate training is needed for personnel working with infants and young children with life-threatening conditions and other special needs, including those who are infected with the human immunodeficiency virus (commonly known as `HIV’), those who have acquired immune deficiency syndrome (commonly known as `AIDS’), and those who have been exposed to dangerous drugs;”; (4) by striking paragraphs (6) and (7); (5) in paragraph (8)– (A) by striking “such infants and young children” and inserting “infants and young children who are abandoned in hospitals”; and (B) by inserting “by parents abusing drugs,” after “deficiency syndrome,”; (6) in paragraph (9), by striking “comprehensive services” and all that follows through the semicolon at the end and inserting “comprehensive support services for such infants and young children and their families and services to prevent the abandonment of such infants and young children, including foster care services, case management services, family support services, respite and crisis intervention services, counseling services, and group residential home services;”; (7) by striking paragraph (11); (8) by redesignating paragraphs (2), (3), (4), (5), (8), (9), and (10) as paragraphs (1) through (7), respectively; and (9) by adding at the end the following: “(8) private, Federal, State, and local resources should be coordinated to establish and maintain services described in Page 117 STAT. 823 paragraph (7) and to ensure the optimal use of all such resources.”. SEC. 302. ESTABLISHMENT OF LOCAL PROJECTS. Section 101 of the Abandoned Infants Assistance Act of 1988 (42 U.S.C. 670 note) is amended– (1) by striking the section heading and inserting the following: “SEC. 101. ESTABLISHMENT OF LOCAL PROJECTS.”; and (2) by striking subsection (b) and inserting the following: “(b) Priority in Provision of Services.–The Secretary may not make a grant under subsection (a) unless the applicant for the grant agrees to give priority to abandoned infants and young children who– “(1) are infected with, or have been perinatally exposed to, the human immunodeficiency virus, or have a life-threatening illness or other special medical need; or “(2) have been perinatally exposed to a dangerous drug.”. SEC. 303. EVALUATIONS, STUDY, AND REPORTS BY SECRETARY. Section 102 of the Abandoned Infants Assistance Act of 1988 (42 U.S.C. 670 note) is amended to read as follows: “SEC. 102. EVALUATIONS, STUDY, AND REPORTS BY SECRETARY. “(a) Evaluations of Local Programs.–The Secretary shall, directly or through contracts with public and nonprofit private entities, provide for evaluations of projects carried out under section 101 and for the dissemination of information developed as a result of such projects. “(b) Study and Report on Number of Abandoned Infants and Young Children.– “(1) In general.–The Secretary shall conduct a study for the purpose of determining– “(A) an estimate of the annual number of infants and young children relinquished, abandoned, or found deceased in the United States and the number of such infants and young children who are infants and young children described in section 101(b); “(B) an estimate of the annual number of infants and young children who are victims of homicide; “(C) characteristics and demographics of parents who have abandoned an infant within 1 year of the infant’s birth; and “(D) an estimate of the annual costs incurred by the Federal Government and by State and local governments in providing housing and care for abandoned infants and young children. “(2) Deadline.–Not later than 36 months after the date of enactment of the Keeping Children and Families Safe Act of 2003, the Secretary shall complete the study required under paragraph (1) and submit to Congress a report describing the findings made as a result of the study. “(c) Evaluation.–The Secretary shall evaluate and report on effective methods of intervening before the abandonment of an infant or young child so as to prevent such abandonments, and Page 117 STAT. 824 effective methods for responding to the needs of abandoned infants and young children.”. SEC. 304. AUTHORIZATION OF APPROPRIATIONS. (a) In General.–Section 104 of the Abandoned Infants Assistance Act of 1988 (42 U.S.C. 670 note) is amended– (1) by striking subsection (a) and inserting the following: “(a) In General.– “(1) Authorization.–For the purpose of carrying out this Act, there are authorized to be appropriated $45,000,000 for fiscal year 2004 and such sums as may be necessary for fiscal years 2005 through 2008. “(2) Limitation.–Not more than 5 percent of the amounts appropriated under paragraph (1) for any fiscal year may be obligated for carrying out section 102(a).”; (2) by striking subsection (b); (3) in subsection (c)– (A) in paragraph (1)– (i) by inserting “Authorization.–” after “(1)” the first place it appears; and (ii) by striking “this title” and inserting “this Act”; and (B) in paragraph (2)– (i) by inserting “Limitation.–” after “(2)”; and (ii) by striking “fiscal year 1991.” and inserting “fiscal year 2003.”; and (4) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively. (b) Redesignation.–The Abandoned Infants Assistance Act of 1988 (42 U.S.C. 670 note) is amended– (1) by redesignating section 104 as section 302; and (2) by moving that section 302 to the end of that Act. SEC. 305. DEFINITIONS. (a) In General.–Section 301 of the Abandoned Infants Assistance Act of 1988 (42 U.S.C. 670 note) is amended to read as follows: “SEC. 301. DEFINITIONS. “In this Act: “(1) Abandoned; abandonment.–The terms `abandoned’ and `abandonment’, used with respect to infants and young children, mean that the infants and young children are medically cleared for discharge from acute-care hospital settings, but remain hospitalized because of a lack of appropriate out-of-hospital placement alternatives. “(2) Acquired immune deficiency syndrome.–The term `acquired immune deficiency syndrome’ includes infection with the etiologic agent for such syndrome, any condition indicating that an individual is infected with such etiologic agent, and any condition arising from such etiologic agent. “(3) Dangerous drug.–The term `dangerous drug’ means a controlled substance, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802). “(4) Natural family.–The term `natural family’ shall be broadly interpreted to include natural parents, grandparents, family members, guardians, children residing in the household, and individuals residing in the household on a continuing basis Page 117 STAT. 825 who are in a care-giving situation, with respect to infants and young children covered under this Act. “(5) Secretary.–The term `Secretary’ means the Secretary of Health and Human Services.”. (b) Repeal.–Section 103 of the Abandoned Infants Assistance Act of 1988 (42 U.S.C. 670 note) is repealed. SEC. 306. CONFORMING AMENDMENT. Section 421(7) of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5061(7)) is amended by striking “infant described in section 103” and inserting “infant who is abandoned, as defined in section 301”. TITLE IV–FAMILY VIOLENCE PREVENTION AND SERVICES ACT SEC. 401. STATE DEMONSTRATION GRANTS. (a) Underserved Populations.–Section 303(a)(2)(C) of the Family Violence Prevention and Services Act (42 U.S.C. 10402(a)(2)(C)) is amended by striking “underserved populations,” and all that follows and inserting the following: “underserved populations, as defined in section 2007 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2);”. (b) Report.–Section 303(a) of such Act (42 U.S.C. 10402(a)) is amended by adding at the end the following: “(5) Upon completion of the activities funded by a grant under this title, the State shall submit to the Secretary a report that contains a description of the activities carried out under paragraph (2)(B)(i).”. (c) Children Who Witness Domestic Violence.–Section 303 of such Act (42 U.S.C. 10402) is amended– (1) by redesignating subsections (c) through (f) as subsections (d) through (g), respectively; and (2) by inserting after subsection (b) the following: “(c) The Secretary shall use funds provided under section 310(a)(2), for a fiscal year described in section 310(a)(2), to award grants for demonstration programs that provide– “(1) multisystem interventions and services (either directly or by referral) for children who witness domestic violence; and “(2) training (either directly or by referral) for agencies, providers, and other entities who work with such children.”. SEC. 402. SECRETARIAL RESPONSIBILITIES. Section 305(a) of the Family Violence Prevention and Services Act (42 U.S.C. 10404(a)) is amended– (1) by striking “an employee” and inserting “1 or more employees”; (2) by striking “of this title.” and inserting “of this title, including carrying out evaluation and monitoring under this title.”; and (3) by striking “The individual” and inserting “Any individual”. SEC. 403. EVALUATION. Section 306 of the Family Violence Prevention and Services Act (42 U.S.C. 10405) is amended in the first sentence by striking Page 117 STAT. 826 “Not later than two years after the date on which funds are obligated under section 303(a) for the first time after the date of the enactment of this title, and every two years thereafter,” and inserting “Every 2 years,”. SEC. 404. INFORMATION AND TECHNICAL ASSISTANCE CENTERS. Section 308 of the Family Violence Prevention and Services Act (42 U.S.C. 10407) is amended– (1) by striking subsection (b) and inserting the following: “(b) National Resource Center.–The national resource center established under subsection (a)(2)– “(1) shall offer resource, policy, collaboration, and training assistance to Federal, State, and local government agencies, to domestic violence service providers, and to other professionals and interested parties on issues pertaining to domestic violence, including issues relating to children who witness domestic violence; and “(2) shall maintain a central resource library in order to collect, prepare, analyze, and disseminate information and statistics, and analyses of the information and statistics, relating to the incidence and prevention of family violence (particularly the prevention of repeated incidents of violence) and the provision of immediate shelter and related assistance.”; and (2) by striking subsection (g). SEC. 405. RELATED ASSISTANCE. Section 309(5) of the Family Violence Prevention and Services Act (42 U.S.C. 10408(5)) is amended by striking the second sentence and inserting the following: “The term `related assistance’ shall include– “(A) prevention services such as outreach and prevention services for victims and their children, assistance to children who witness domestic violence, employment training, parenting and other educational services for victims and their children, preventive health services within domestic violence programs (including services promoting nutrition, disease prevention, exercise, and prevention of substance abuse), domestic violence prevention programs for school-age children, family violence public awareness campaigns, and violence prevention counseling services to abusers; “(B) counseling with respect to family violence, counseling or other supportive services provided by peers individually or in groups, and referral to community social services; “(C) transportation, technical assistance with respect to obtaining financial assistance under Federal and State programs, and referrals for appropriate health care services (including alcohol and drug abuse treatment), but shall not include reimbursement for any health care services; “(D) legal advocacy to provide victims with information and assistance through the civil and criminal courts, and legal assistance; or “(E) children’s counseling and support services, and child care services for children who are victims of family violence or the dependents of such victims, and children who witness domestic violence.”. Page 117 STAT. 827 SEC. 406. AUTHORIZATION OF APPROPRIATIONS. (a) General Authorization.–Section 310(a) of the Family Violence Prevention and Services Act (42 U.S.C. 10409(a)) is amended to read as follows: “(a) In General.– “(1) Authorization.–There are authorized to be appropriated to carry out sections 303 through 311, $175,000,000 for each of fiscal years 2004 through 2008. “(2) Projects to address needs of children who witness domestic violence.–For a fiscal year in which the amounts appropriated under paragraph (1) exceed $130,000,000, the Secretary shall reserve and make available a portion of the excess to carry out section 303(c).”. (b) Allocations for Other Programs.–Subsections (b), (c), and (d) of section 310 of such Act (42 U.S.C. 10409) are amended by inserting “(and not reserved under subsection (a)(2))” after “each fiscal year”. (c) Grants for State Domestic Violence Coalitions.–Section 311(g) of such Act (42 U.S.C. 10410(g)) is amended to read as follows: “(g) Funding.–Of the amount appropriated under section 310(a) for a fiscal year (and not reserved under section 310(a)(2)), not less than 10 percent of such amount shall be made available to award grants under this section.”. SEC. 407. GRANTS FOR STATE DOMESTIC VIOLENCE COALITIONS. Section 311 of the Family Violence Prevention and Services Act (42 U.S.C. 10410) is amended by striking subsection (h). SEC. 408. EVALUATION AND MONITORING. Section 312 of the Family Violence Prevention and Services Act (42 U.S.C. 10412) is amended by adding at the end the following: “(c) Of the amount appropriated under section 310(a) for each fiscal year (and not reserved under section 310(a)(2)), not more than 2.5 percent shall be used by the Secretary for evaluation, monitoring, and other administrative costs under this title.”. SEC. 409. FAMILY MEMBER ABUSE INFORMATION AND DOCUMENTATION PROJECT. Section 313 of the Family Violence Prevention and Services Act (42 U.S.C. 10413) is repealed. SEC. 410. MODEL STATE LEADERSHIP GRANTS. Section 315 of the Family Violence Prevention and Services Act (42 U.S.C. 10415) is repealed. SEC. 411. NATIONAL DOMESTIC VIOLENCE HOTLINE AND INTERNET GRANT. Section 316 of the Family Violence Prevention and Services Act (42 U.S.C. 10416) is amended to read as follows: “SEC. 316. NATIONAL DOMESTIC VIOLENCE HOTLINE AND INTERNET GRANT. “(a) In General.–The Secretary may award 1 or more grants to private, nonprofit entities– “(1) to provide for the establishment and operation of a national, toll-free telephone hotline to provide information and assistance to victims of domestic violence; or Page 117 STAT. 828 “(2) to provide for the establishment and operation of a highly secure Internet website to provide that information and assistance to those victims. “(b) Duration.–A grant under this section may extend over a period of not more than 5 years. “(c) Annual Approval.–The provision of payments under a grant awarded under this section shall be subject to annual approval by the Secretary and subject to the availability of appropriations for each fiscal year to make the payments. “(d) Hotline Activities.–An entity that receives a grant under this section for activities described, in whole or in part, in subsection (a)(1) shall use funds made available through the grant to establish and operate a national, toll-free telephone hotline to provide information and assistance to victims of domestic violence. In establishing and operating the hotline, the entity shall– “(1) contract with a carrier for the use of a toll-free telephone line; “(2) employ, train, and supervise personnel to answer incoming calls and provide counseling and referral services to callers on a 24-hour-a-day basis; “(3) assemble and maintain a current database of information relating to services for victims of domestic violence to which callers may be referred throughout the United States, including information on the availability of shelters that serve battered women; and “(4) publicize the hotline to potential users throughout the United States. “(e) Secure Website Activities.– “(1) In general.–An entity that receives a grant under this section for activities described, in whole or in part, in subsection (a)(2) shall use funds made available through the grant to provide grants for startup and operational costs associated with establishing and operating a highly secure Internet website. “(2) Availability.–The website shall be available to the entity operating the hotline and domestic violence shelters. “(3) Information.–The website shall provide accurate information that describes– “(A) the services available to victims of domestic violence, including health care and mental health services, social services, transportation, services for children (including children who witness domestic violence), and other relevant services; and “(B) the domestic violence shelters available, and services provided by the shelters. “(4) Rule of construction.–Nothing in this Act shall be construed to require any shelter or service provider, whether public or private, to be linked to the website or to provide information to the recipient of the grant described in paragraph (1) or to the website. “(f) Application.–The Secretary may not award a grant under this section unless the Secretary approves an application for such grant. To be approved by the Secretary under this subsection an application shall– “(1) contain such agreements, assurances, and information, be in such form, and be submitted in such manner, as the Secretary shall prescribe through notice in the Federal Register; Page 117 STAT. 829 “(2) in the case of an application for a grant to carry out activities described in subsection (a)(1), include a complete description of the applicant’s plan for the operation of a national domestic violence hotline, including descriptions of– “(A) the training program for hotline personnel; “(B) the hiring criteria for hotline personnel; “(C) the methods for the creation, maintenance, and updating of a resource database; “(D) a plan for publicizing the availability of the hotline; “(E) a plan for providing service to non-English speaking callers, including service through hotline personnel who speak Spanish; and “(F) a plan for facilitating access to the hotline by persons with hearing impairments; “(3) in the case of an application for a grant to carry out activities described in subsection (a)(2)– “(A) include a complete description of the applicant’s plan for the development, operation, maintenance, and updating of information and resources of the website; “(B) include a certification that the applicant will implement a high level security system to ensure the confidentiality of the website, taking into consideration the safety of domestic violence victims; and “(C) include an assurance that, after the third year of the website project, the recipient of the grant will develop a plan to secure other public or private funding resources to ensure the continued operation and maintenance of the website; “(4) demonstrate that the applicant has recognized expertise in the area of domestic violence and a record of high quality service to victims of domestic violence, including a demonstration of support from advocacy groups; “(5) demonstrate that the applicant has a commitment to diversity, and to the provision of services to ethnic, racial, and non-English speaking minorities, in addition to older individuals and individuals with disabilities; and “(6) contain such other information as the Secretary may require. “(g) Authorization of Appropriations.– “(1) In general.–There is authorized to be appropriated to carry out this section $3,500,000 for each of fiscal years 2004 through 2008. “(2) Conditions on appropriations.–Notwithstanding paragraph (1), the Secretary shall make available a portion of the amounts appropriated under paragraph (1) to award grants under subsection (a)(2) only for any fiscal year for which the amounts appropriated under paragraph (1) exceed $3,000,000. “(3) Availability.–Funds authorized to be appropriated under paragraph (1) shall remain available until expended.”. SEC. 412. YOUTH EDUCATION AND DOMESTIC VIOLENCE. Section 317 of the Family Violence Prevention and Services Act (42 U.S.C. 10417) is repealed. Page 117 STAT. 830 SEC. 413. DEMONSTRATION GRANTS FOR COMMUNITY INITIATIVES. (a) In General.–Section 318(h) of the Family Violence Prevention and Services Act (42 U.S.C. 10418(h)) is amended to read as follows: “(h) Authorization of Appropriations.–There is authorized to be appropriated to carry out this section $6,000,000 for each of fiscal years 2004 through 2008.”. (b) Regulations.–Section 318 of such Act (42 U.S.C. 10418) is amended by striking subsection (i). SEC. 414. TRANSITIONAL HOUSING ASSISTANCE. Section 319(f) of the Family Violence Prevention and Services Act (42 U.S.C. 10419(f)) is amended by striking “fiscal year 2001” and inserting “each of fiscal years 2003 through 2008”. SEC. 415. TECHNICAL AND CONFORMING AMENDMENTS. The Family Violence Prevention and Services Act (42 U.S.C. 10401 et seq.) is amended– (1) in section 302(1) (42 U.S.C. 10401(1)) by striking “demonstrate the effectiveness of assisting” and inserting “assist”; (2) in section 303(a) (42 U.S.C. 10402(a))– (A) in paragraph (2)– (i) in subparagraph (C), by striking “State domestic violence coalitions knowledgeable individuals and interested organizations” and inserting “State domestic violence coalitions, knowledgeable individuals, and interested organizations”; and (ii) in subparagraph (F), by adding “and” at the end; and (B) by aligning the margins of paragraph (4) with the margins of paragraph (3); (3) in section 303(g) (as so redesignated)– (A) in the first sentence, by striking “309(4)” and inserting “320”; and (B) in the second sentence, by striking “309(5)(A)” and inserting “320(5)(A)”; (4) in section 305(b)(2)(A) (42 U.S.C. 10404(b)(2)(A)) by striking “provide for research, and into” and inserting “provide for research into”; (5) by redesignating section 309 as section 320 NOTE: 42 USC 10408, 10421. and moving that section to the end of the Act; and (6) in section 311(a) (42 U.S.C. 10410(a))– (A) in paragraph (2)(K), by striking “other criminal justice professionals,;” and inserting “other criminal justice professionals;” and (B) in paragraph (3)– (i) in the matter preceding subparagraph (A), by striking “family law judges,,” and inserting “family law judges,”; (ii) in subparagraph (D), by inserting “, criminal court judges,” after “family law judges”; and (iii) in subparagraph (H), by striking “supervised visitations that do not endanger victims and their children” and inserting “supervised visitations or denial of visitation to protect against danger to victims or their children”. Page 117 STAT. 831 SEC. 416. CONFORMING AMENDMENT TO ANOTHER ACT. Section 102(42) of the Older Americans Act of 1965 (42 U.S.C. 3002(42)) is amended by striking “(42 U.S.C. 10408)”. Approved June 25, 2003. LEGISLATIVE HISTORY–S. 342 (H.R. 14): ————————————————————————— HOUSE REPORTS: Nos. 108-26 accompanying H.R. 14 (Comm. on Education and the Workforce) and 108-150 (Comm. of Conference). SENATE REPORTS: No. 108-12 (Comm. on Health, Education, Labor, and Pensions). CONGRESSIONAL RECORD, Vol. 149 (2003): Mar. 19, considered and passed Senate. Mar. 26, considered and passed House, amended. June 17, House agreed to conference report. June 19, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003): June 25, Presidential statement. all

Case Name:
Teamsters Local Union No 117 v. Washington Dept of Corrections, et al
Case Number:
13-35331
Case Panel:
HAWKINS, McKEOWN, TALLMAN
Hearing Location:
Seattle, WA
Hearing Date:
12/09/2014

Teamsters Local Union No. 117 v. Washington Dept. of Corrections

Female prisoners in Washington prisons alleged sexual abuse by the prison guards. As a remedial remedy, the Department of Corrections designated 110 positions as female-only. These female-only positions include observing female prisoners in sensitive locations, such as showers, as well as performing pat downs. The union of correctional officers sued the Department for Title VII violations for sexual discrimination in employment. The district court granted summary judgment for the Department. The Circuit Court affirmed citing sex as a bona fide occupational qualification for those positions given that sexual abuse is present in prisons and positions which require observing prisoners in sensitive areas or tasks can be performed by females only in order to protect female prisoners from abuse.

Year

2015

§2000c–6. Civil actions by the Attorney General

(a) Complaint; certification; notice to school board or college authority; institution of civil action; relief requested; jurisdiction; transportation of pupils to achieve racial balance; judicial power to insure compliance with constitutional standards; impleading additional parties as defendants

Whenever the Attorney General receives a complaint in writing—

(1) signed by a parent or group of parents to the effect that his or their minor children, as members of a class of persons similarly situated, are being deprived by a school board of the equal protection of the laws, or

(2) signed by an individual, or his parent, to the effect that he has been denied admission to or not permitted to continue in attendance at a public college by reason of race, color, religion, sex or national origin,

 

and the Attorney General believes the complaint is meritorious and certifies that the signer or signers of such complaint are unable, in his judgment, to initiate and maintain appropriate legal proceedings for relief and that the institution of an action will materially further the orderly achievement of desegregation in public education, the Attorney General is authorized, after giving notice of such complaint to the appropriate school board or college authority and after certifying that he is satisfied that such board or authority has had a reasonable time to adjust the conditions alleged in such complaint, to institute for or in the name of the United States a civil action in any appropriate district court of the United States against such parties and for such relief as may be appropriate, and such court shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section, provided that nothing herein shall empower any official or court of the United States to issue any order seeking to achieve a racial balance in any school by requiring the transportation of pupils or students from one school to another or one school district to another in order to achieve such racial balance, or otherwise enlarge the existing power of the court to insure compliance with constitutional standards. The Attorney General may implead as defendants such additional parties as are or become necessary to the grant of effective relief hereunder.

(b) Persons unable to initiate and maintain legal proceedings

The Attorney General may deem a person or persons unable to initiate and maintain appropriate legal proceedings within the meaning of subsection (a) of this section when such person or persons are unable, either directly or through other interested persons or organizations, to bear the expense of the litigation or to obtain effective legal representation; or whenever he is satisfied that the institution of such litigation would jeopardize the personal safety, employment, or economic standing of such person or persons, their families, or their property.

(c) “Parent” and “complaint” defined

The term “parent” as used in this section includes any person standing in loco parentis. A “complaint” as used in this section is a writing or document within the meaning of section 1001, title 18.

(Pub. L. 88–352, title IV, §407, July 2, 1964, 78 Stat. 248; Pub. L. 92–318, title IX, §906(a), June 23, 1972, 86 Stat. 375.)

Amendments

1972—Subsec. (a)(2). Pub. L. 92–318 inserted “sex” after “religion,”.

§2000c–7. Liability of United States for costs

In any action or proceeding under this subchapter the United States shall be liable for costs the same as a private person.

(Pub. L. 88–352, title IV, §408, July 2, 1964, 78 Stat. 249.)

§2000c–8. Personal suits for relief against discrimination in public education

Nothing in this subchapter shall affect adversely the right of any person to sue for or obtain relief in any court against discrimination in public education.

(Pub. L. 88–352, title IV, §409, July 2, 1964, 78 Stat. 249.)

§2000c–9. Classification and assignment

Nothing in this subchapter shall prohibit classification and assignment for reasons other than race, color, religion, sex or national origin.

(Pub. L. 88–352, title IV, §410, July 2, 1964, 78 Stat. 249; Pub. L. 92–318, title IX, §906(a), June 23, 1972, 86 Stat. 375.)

Amendments

1972—Pub. L. 92–318 inserted “sex” after “religion,”.

SUBCHAPTER V—FEDERALLY ASSISTED PROGRAMS

§2000d. Prohibition against exclusion from participation in, denial of benefits of, and discrimination under federally assisted programs on ground of race, color, or national origin

No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

(Pub. L. 88–352, title VI, §601, July 2, 1964, 78 Stat. 252.)

Coordination of Implementation and Enforcement of Provisions

For provisions relating to the coordination of implementation and enforcement of the provisions of this subchapter by the Attorney General, see section 1–201 of Ex. Ord. No. 12250, Nov. 2, 1980, 45 F.R. 72995, set out as a note under section 2000d–1 of this title.

Ex. Ord. No. 13160. Nondiscrimination on the Basis of Race, Sex, Color, National Origin, Disability, Religion, Age, Sexual Orientation, and Status as a Parent in Federally Conducted Education and Training Programs

Ex. Ord. No. 13160, June 23, 2000, 65 F.R. 39775, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 921–932 of title 20, United States Code; section 2164 of title 10, United States Code; section 2001 et seq., of title 25, United States Code; section 7301 of title 5, United States Code; and section 301 of title 3, United States Code, and to achieve equal opportunity in Federally conducted education and training programs and activities, it is hereby ordered as follows:

Section 1. Statement of policy on education programs and activities conducted by executive departments and agencies.

1–101. The Federal Government must hold itself to at least the same principles of nondiscrimination in educational opportunities as it applies to the education programs and activities of State and local governments, and to private institutions receiving Federal financial assistance. Existing laws and regulations prohibit certain forms of discrimination in Federally conducted education and training programs and activities—including discrimination against people with disabilities, prohibited by the Rehabilitation Act of 1973, 29 U.S.C. 701 et seq., as amended, employment discrimination on the basis of race, color, national origin, sex, or religion, prohibited by Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e–17 [42 U.S.C. 2000e et seq.], as amended, discrimination on the basis of race, color, national origin, or religion in educational programs receiving Federal assistance, under Title VI of the Civil Rights Acts of 1964, 42 U.S.C. 2000d [et seq.], and sex-based discrimination in education programs receiving Federal assistance under Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 et seq. Through this Executive Order, discrimination on the basis of race, sex, color, national origin, disability, religion, age, sexual orientation, and status as a parent will be prohibited in Federally conducted education and training programs and activities.

1–102. No individual, on the basis of race, sex, color, national origin, disability, religion, age, sexual orientation, or status as a parent, shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination in, a Federally conducted education or training program or activity.

Sec. 2. Definitions.

2–201. “Federally conducted education and training programs and activities” includes programs and activities conducted, operated, or undertaken by an executive department or agency.

2–202. “Education and training programs and activities” include, but are not limited to, formal schools, extracurricular activities, academic programs, occupational training, scholarships and fellowships, student internships, training for industry members, summer enrichment camps, and teacher training programs.

2–203. The Attorney General is authorized to make a final determination as to whether a program falls within the scope of education and training programs and activities covered by this order, under subsection 2–202, or is excluded from coverage, under section 3.

2–204. “Military education or training programs” are those education and training programs conducted by the Department of Defense or, where the Coast Guard is concerned, the Department of Transportation, for the primary purpose of educating or training members of the armed forces or meeting a statutory requirement to educate or train Federal, State, or local civilian law enforcement officials pursuant to 10 U.S.C. Chapter 18.

2–205. “Armed Forces” means the Armed Forces of the United States.

2–206. “Status as a parent” refers to the status of an individual who, with respect to an individual who is under the age of 18 or who is 18 or older but is incapable of self-care because of a physical or mental disability, is:

(a) a biological parent;

(b) an adoptive parent;

(c) a foster parent;

(d) a stepparent;

(e) a custodian of a legal ward;

(f) in loco parentis over such an individual; or

(g) actively seeking legal custody or adoption of such an individual.

Sec. 3. Exemption from coverage.

3–301. This order does not apply to members of the armed forces, military education or training programs, or authorized intelligence activities. Members of the armed forces, including students at military academies, will continue to be covered by regulations that currently bar specified forms of discrimination that are now enforced by the Department of Defense and the individual service branches. The Department of Defense shall develop procedures to protect the rights of and to provide redress to civilians not otherwise protected by existing Federal law from discrimination on the basis of race, sex, color, national origin, disability, religion, age, sexual orientation, or status as a parent and who participate in military education or training programs or activities conducted by the Department of Defense.

3–302. This order does not apply to, affect, interfere with, or modify the operation of any otherwise lawful affirmative action plan or program.

3–303. An individual shall not be deemed subjected to discrimination by reason of his or her exclusion from the benefits of a program established consistent with federal law or limited by Federal law to individuals of a particular race, sex, color, disability, national origin, age, religion, sexual orientation, or status as a parent different from his or her own.

3–304. This order does not apply to ceremonial or similar education or training programs or activities of schools conducted by the Department of the Interior, Bureau of Indian Affairs, that are culturally relevant to the children represented in the school. “Culturally relevant” refers to any class, program, or activity that is fundamental to a tribe’s culture, customs, traditions, heritage, or religion.

3–305. This order does not apply to (a) selections based on national origin of foreign nationals to participate in covered education or training programs, if such programs primarily concern national security or foreign policy matters; or (b) selections or other decisions regarding participation in covered education or training programs made by entities outside the executive branch. It shall be the policy of the executive branch that education or training programs or activities shall not be available to entities that select persons for participation in violation of Federal or State law.

3–306. The prohibition on discrimination on the basis of age provided in this order does not apply to age-based admissions of participants to education or training programs, if such programs have traditionally been age-specific or must be age-limited for reasons related to health or national security.

Sec. 4. Administrative enforcement.

4–401. Any person who believes himself or herself to be aggrieved by a violation of this order or its implementing regulations, rules, policies, or guidance may, personally or through a representative, file a written complaint with the agency that such person believes is in violation of this order or its implementing regulations, rules, policies, or guidance. Pursuant to procedures to be established by the Attorney General, each executive department or agency shall conduct an investigation of any complaint by one of its employees alleging a violation of this Executive Order.

4–402. (a) If the office within an executive department or agency that is designated to investigate complaints for violations of this order or its implementing rules, regulations, policies, or guidance concludes that an employee has not complied with this order or any of its implementing rules, regulations, policies, or guidance, such office shall complete a report and refer a copy of the report and any relevant findings or supporting evidence to an appropriate agency official. The appropriate agency official shall review such material and determine what, if any, disciplinary action is appropriate.

(b) In addition, the designated investigating office may provide appropriate agency officials with a recommendation for any corrective and/or remedial action. The appropriate officials shall consider such recommendation and implement corrective and/or remedial action by the agency, when appropriate. Nothing in this order authorizes monetary relief to the complainant as a form of remedial or corrective action by an executive department or agency.

4–403. Any action to discipline an employee who violates this order or its implementing rules, regulations, policies, or guidance, including removal from employment, where appropriate, shall be taken in compliance with otherwise applicable procedures, including the Civil Service Reform Act of 1978, Public Law No. 95–454, 92 Stat. 1111 [see Tables for classification].

Sec. 5. Implementation and Agency Responsibilities.

5–501. The Attorney General shall publish in the Federal Register such rules, regulations, policies, or guidance, as the Attorney General deems appropriate, to be followed by all executive departments and agencies. The Attorney General shall address:

a. which programs and activities fall within the scope of education and training programs and activities covered by this order, under subsection 2–202, or excluded from coverage, under section 3 of this order;

b. examples of discriminatory conduct;

c. applicable legal principles;

d. enforcement procedures with respect to complaints against employees;

e. remedies;

f. requirements for agency annual and tri-annual reports as set forth in section 6 of this order; and

g. such other matters as deemed appropriate.

5–502. Within 90 days of the publication of final rules, regulations, policies, or guidance by the Attorney General, each executive department and agency shall establish a procedure to receive and address complaints regarding its Federally conducted education and training programs and activities. Each executive department and agency shall take all necessary steps to effectuate any subsequent rules, regulations, policies, or guidance issued by the Attorney General within 90 days of issuance.

5–503. The head of each executive department and agency shall be responsible for ensuring compliance within this order.

5–504. Each executive department and agency shall cooperate with the Attorney General and provide such information and assistance as the Attorney General may require in the performance of the Attorney General’s functions under this order.

5–505. Upon request and to the extent practicable, the Attorney General shall provide technical advice and assistance to executive departments and agencies to assist in full compliance with this order.

Sec. 6. Reporting Requirements.

6–601. Consistent with the regulations, rules, policies, or guidance issued by the Attorney General, each executive department and agency shall submit to the Attorney General a report that summarizes the number and nature of complaints filed with the agency and the disposition of such complaints. For the first 3 years after the date of this order, such reports shall be submitted annually within 90 days of the end of the preceding year’s activities. Subsequent reports shall be submitted every 3 years and within 90 days of the end of each 3-year period.

Sec. 7. General Provisions.

7–701. Nothing in this order shall limit the authority of the Attorney General to provide for the coordinated enforcement of nondiscrimination requirements in Federal assistance programs under Executive Order 12250 [42 U.S.C. 2000d–1 note].

Sec. 8. Judicial Review.

8–801. This order is not intended, and should not be construed, to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or its employees. This order is not intended, however, to preclude judicial review of final decisions in accordance with the Administrative Procedure Act, 5 U.S.C. 701, et seq.

William J. Clinton.

SUBCHAPTER III—PUBLIC FACILITIES

§2000b. Civil actions by the Attorney General

(a) Complaint; certification; institution of civil action; relief requested; jurisdiction; impleading additional parties as defendants

Whenever the Attorney General receives a complaint in writing signed by an individual to the effect that he is being deprived of or threatened with the loss of his right to the equal protection of the laws, on account of his race, color, religion, or national origin, by being denied equal utilization of any public facility which is owned, operated, or managed by or on behalf of any State or subdivision thereof, other than a public school or public college as defined in section 2000c of this title, and the Attorney General believes the complaint is meritorious and certifies that the signer or signers of such complaint are unable, in his judgment, to initiate and maintain appropriate legal proceedings for relief and that the institution of an action will materially further the orderly progress of desegregation in public facilities, the Attorney General is authorized to institute for or in the name of the United States a civil action in any appropriate district court of the United States against such parties and for such relief as may be appropriate, and such court shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section. The Attorney General may implead as defendants such additional parties as are or become necessary to the grant of effective relief hereunder.

(b) Persons unable to initiate and maintain legal proceedings

The Attorney General may deem a person or persons unable to initiate and maintain appropriate legal proceedings within the meaning of subsection (a) of this section when such person or persons are unable, either directly or through other interested persons or organizations, to bear the expense of the litigation or to obtain effective legal representation; or whenever he is satisfied that the institution of such litigation would jeopardize the personal safety, employment, or economic standing of such person or persons, their families, or their property.

(Pub. L. 88–352, title III, §301, July 2, 1964, 78 Stat. 246.)

§2000b–1. Liability of United States for costs and attorney’s fee

In any action or proceeding under this subchapter the United States shall be liable for costs, including a reasonable attorney’s fee, the same as a private person.

(Pub. L. 88–352, title III, §302, July 2, 1964, 78 Stat. 246.)

§2000b–2. Personal suits for relief against discrimination in public facilities

Nothing in this subchapter shall affect adversely the right of any person to sue for or obtain relief in any court against discrimination in any facility covered by this subchapter.

(Pub. L. 88–352, title III, §303, July 2, 1964, 78 Stat. 246.)

§2000b–3. “Complaint” defined

A complaint as used in this subchapter is a writing or document within the meaning of section 1001, title 18.

(Pub. L. 88–352, title III, §304, July 2, 1964, 78 Stat. 246.)

SUBCHAPTER IV—PUBLIC EDUCATION

§2000c. Definitions

As used in this subchapter—

(a) “Secretary” means the Secretary of Education.

(b) “Desegregation” means the assignment of students to public schools and within such schools without regard to their race, color, religion, sex or national origin, but “desegregation” shall not mean the assignment of students to public schools in order to overcome racial imbalance.

(c) “Public school” means any elementary or secondary educational institution, and “public college” means any institution of higher education or any technical or vocational school above the secondary school level, provided that such public school or public college is operated by a State, subdivision of a State, or governmental agency within a State, or operated wholly or predominantly from or through the use of governmental funds or property, or funds or property derived from a governmental source.

(d) “School board” means any agency or agencies which administer a system of one or more public schools and any other agency which is responsible for the assignment of students to or within such system.

(Pub. L. 88–352, title IV, §401, July 2, 1964, 78 Stat. 246; Pub. L. 92–318, title IX, §906(a), June 23, 1972, 86 Stat. 375; Pub. L. 96–88, title III, §301(a)(1), title V, §507, Oct. 17, 1979, 93 Stat. 677, 692.)

Amendments

1972—Subsec. (b). Pub. L. 92–318 inserted “sex” after “religion,”.

Transfer of Functions

“Secretary means the Secretary of Education” substituted for “Commissioner means the Commissioner of Education” in subsec. (a) pursuant to sections 301(a)(1) and 507 of Pub. L. 96–88, which are classified to sections 3441(a)(1) and 3507 of Title 20, Education, and which transferred all functions of Commissioner of Education of Department of Health, Education, and Welfare to Secretary of Education.

§2000c–1. Omitted

Codification

Section, Pub. L. 88–352, title IV, §402, July 2, 1964, 78 Stat. 247, authorized the Commissioner to conduct a survey and make a report to the President and the Congress within two years of July, 1964 concerning the availability of educational opportunities for minority group members.

§2000c–2. Technical assistance in preparation, adoption, and implementation of plans for desegregation of public schools

The Secretary is authorized, upon the application of any school board, State, municipality, school district, or other governmental unit legally responsible for operating a public school or schools, to render technical assistance to such applicant in the preparation, adoption, and implementation of plans for the desegregation of public schools. Such technical assistance may, among other activities, include making available to such agencies information regarding effective methods of coping with special educational problems occasioned by desegregation, and making available to such agencies personnel of the Department of Education or other persons specially equipped to advise and assist them in coping with such problems.

(Pub. L. 88–352, title IV, §403, July 2, 1964, 78 Stat. 247; Pub. L. 96–88, title III, §301(a)(1), (b)(2), title V, §507, Oct. 17, 1979, 93 Stat. 677, 678, 692.)

Transfer of Functions

“Secretary”, meaning the Secretary of Education, and “Department of Education” substituted in text for “Commissioner” and “Office of Education”, respectively, pursuant to sections 301(a)(1), (b)(2) and 507 of Pub. L. 96–88, which are classified to sections 3441(a)(1), (b)(2) and 3507 of Title 20, Education, and which transferred all functions of Commissioner of Education to Secretary of Education and transferred Office of Education to the Department of Education.

§2000c–3. Training institutes; stipends; travel allowances

The Secretary is authorized to arrange, through grants or contracts, with institutions of higher education for the operation of short-term or regular session institutes for special training designed to improve the ability of teachers, supervisors, counselors, and other elementary or secondary school personnel to deal effectively with special educational problems occasioned by desegregation. Individuals who attend such an institute on a full-time basis may be paid stipends for the period of their attendance at such institute in amounts specified by the Secretary in regulations, including allowances for travel to attend such institute.

(Pub. L. 88–352, title IV, §404, July 2, 1964, 78 Stat. 247; Pub. L. 96–88, title III, §301(a)(1), title V, §507, Oct. 17, 1979, 93 Stat. 677, 692.)

Transfer of Functions

“Secretary”, meaning the Secretary of Education, substituted in text for “Commissioner” pursuant to sections 301(a)(1) and 507 of Pub. L. 96–88, which are classified to sections 3441(a)(1) and 3507 of Title 20, Education, and which transferred all functions of Commissioner of Education to Secretary of Education.

§2000a–2. Prohibition against deprivation of, interference with, and punishment for exercising rights and privileges secured by section 2000a or 2000a–1 of this title

No person shall (a) withhold, deny, or attempt to withhold or deny, or deprive or attempt to deprive any person of any right or privilege secured by section 2000a or 2000a–1 of this title, or (b) intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce any person with the purpose of interfering with any right or privilege secured by section 2000a or 2000a–1 of this title, or (c) punish or attempt to punish any person for exercising or attempting to exercise any right or privilege secured by section 2000a or 2000a–1 of this title.

(Pub. L. 88–352, title II, §203, July 2, 1964, 78 Stat. 244.)

§2000a–3. Civil actions for injunctive relief

(a) Persons aggrieved; intervention by Attorney General; legal representation; commencement of action without payment of fees, costs, or security

Whenever any person has engaged or there are reasonable grounds to believe that any person is about to engage in any act or practice prohibited by section 2000a–2 of this title, a civil action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order, may be instituted by the person aggrieved and, upon timely application, the court may, in its discretion, permit the Attorney General to intervene in such civil action if he certifies that the case is of general public importance. Upon application by the complainant and in such circumstances as the court may deem just, the court may appoint an attorney for such complainant and may authorize the commencement of the civil action without the payment of fees, costs, or security.

(b) Attorney’s fees; liability of United States for costs

In any action commenced pursuant to this subchapter, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs, and the United States shall be liable for costs the same as a private person.

(c) State or local enforcement proceedings; notification of State or local authority; stay of Federal proceedings

In the case of an alleged act or practice prohibited by this subchapter which occurs in a State, or political subdivision of a State, which has a State or local law prohibiting such act or practice and establishing or authorizing a State or local authority to grant or seek relief from such practice or to institute criminal proceedings with respect thereto upon receiving notice thereof, no civil action may be brought under subsection (a) of this section before the expiration of thirty days after written notice of such alleged act or practice has been given to the appropriate State or local authority by registered mail or in person, provided that the court may stay proceedings in such civil action pending the termination of State or local enforcement proceedings.

(d) References to Community Relations Service to obtain voluntary compliance; duration of reference; extension of period

In the case of an alleged act or practice prohibited by this subchapter which occurs in a State, or political subdivision of a State, which has no State or local law prohibiting such act or practice, a civil action may be brought under subsection (a) of this section: Provided, That the court may refer the matter to the Community Relations Service established by subchapter VIII of this chapter for as long as the court believes there is a reasonable possibility of obtaining voluntary compliance, but for not more than sixty days: Provided further, That upon expiration of such sixty-day period, the court may extend such period for an additional period, not to exceed a cumulative total of one hundred and twenty days, if it believes there then exists a reasonable possibility of securing voluntary compliance.

(Pub. L. 88–352, title II, §204, July 2, 1964, 78 Stat. 244.)

§2000a–4. Community Relations Service; investigations and hearings; executive session; release of testimony; duty to bring about voluntary settlements

The Service is authorized to make a full investigation of any complaint referred to it by the court under section 2000a–3(d) of this title and may hold such hearings with respect thereto as may be necessary. The Service shall conduct any hearings with respect to any such complaint in executive session, and shall not release any testimony given therein except by agreement of all parties involved in the complaint with the permission of the court, and the Service shall endeavor to bring about a voluntary settlement between the parties.

(Pub. L. 88–352, title II, §205, July 2, 1964, 78 Stat. 244.)

§2000a–5. Civil actions by the Attorney General

(a) Complaint

Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights secured by this subchapter, and that the pattern or practice is of such a nature and is intended to deny the full exercise of the rights herein described, the Attorney General may bring a civil action in the appropriate district court of the United States by filing with it a complaint (1) signed by him (or in his absence the Acting Attorney General), (2) setting forth facts pertaining to such pattern or practice, and (3) requesting such preventive relief, including an application for a permanent or temporary injunction, restraining order or other order against the person or persons responsible for such pattern or practice, as he deems necessary to insure the full enjoyment of the rights herein described.

(b) Three-judge district court for cases of general public importance: hearing, determination, expedition of action, review by Supreme Court; single judge district court: hearing, determination, expedition of action

In any such proceeding the Attorney General may file with the clerk of such court a request that a court of three judges be convened to hear and determine the case. Such request by the Attorney General shall be accompanied by a certificate that, in his opinion, the case is of general public importance. A copy of the certificate and request for a three-judge court shall be immediately furnished by such clerk to the chief judge of the circuit (or in his absence, the presiding circuit judge of the circuit) in which the case is pending. Upon receipt of the copy of such request it shall be the duty of the chief judge of the circuit or the presiding circuit judge, as the case may be, to designate immediately three judges in such circuit, of whom at least one shall be a circuit judge and another of whom shall be a district judge of the court in which the proceeding was instituted, to hear and determine such case, and it shall be the duty of the judges so designated to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and to cause the case to be in every way expedited. An appeal from the final judgment of such court will lie to the Supreme Court.

In the event the Attorney General fails to file such a request in any such proceeding, it shall be the duty of the chief judge of the district (or in his absence, the acting chief judge) in which the case is pending immediately to designate a judge in such district to hear and determine the case. In the event that no judge in the district is available to hear and determine the case, the chief judge of the district, or the acting chief judge, as the case may be, shall certify this fact to the chief judge of the circuit (or in his absence, the acting chief judge) who shall then designate a district or circuit judge of the circuit to hear and determine the case.

It shall be the duty of the judge designated pursuant to this section to assign the case for hearing at the earliest practicable date and to cause the case to be in every way expedited.

(Pub. L. 88–352, title II, §206, July 2, 1964, 78 Stat. 245.)

§2000a–6. Jurisdiction; exhaustion of other remedies; exclusiveness of remedies; assertion of rights based on other Federal or State laws and pursuit of remedies for enforcement of such rights

(a) The district courts of the United States shall have jurisdiction of proceedings instituted pursuant to this subchapter and shall exercise the same without regard to whether the aggrieved party shall have exhausted any administrative or other remedies that may be provided by law.

(b) The remedies provided in this subchapter shall be the exclusive means of enforcing the rights based on this subchapter, but nothing in this subchapter shall preclude any individual or any State or local agency from asserting any right based on any other Federal or State law not inconsistent with this subchapter, including any statute or ordinance requiring nondiscrimination in public establishments or accommodations, or from pursuing any remedy, civil or criminal, which may be available for the vindication or enforcement of such right.

(Pub. L. 88–352, title II, §207, July 2, 1964, 78 Stat. 245.)

§1987. Prosecution of violation of certain laws

The United States attorneys, marshals, and deputy marshals, the United States magistrate judges appointed by the district and territorial courts, with power to arrest, imprison, or bail offenders, and every other officer who is especially empowered by the President, are authorized and required, at the expense of the United States, to institute prosecutions against all persons violating any of the provisions of section 1990 of this title or of sections 5506 to 5516 and 5518 to 5532 of the Revised Statutes, and to cause such persons to be arrested, and imprisoned or bailed, for trial before the court of the United States or the territorial court having cognizance of the offense.

(R.S. §1982; Mar. 3, 1911, ch. 231, §291, 36 Stat. 1167; June 25, 1948, ch. 646, §1, 62 Stat. 909; Pub. L. 90–578, title IV, §402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 101–650, title III, §321, Dec. 1, 1990, 104 Stat. 5117.)

References in Text

Sections 5506 to 5510, 5516 to 5519 and 5524 to 5535 of the Revised Statutes, referred to in text, were repealed by act Mar. 4, 1909, ch. 321, §341, 35 Stat. 1153; section 5506, 5511 to 5515, and 5520 to 5523, also referred to in text, were repealed by act Feb. 8, 1894, ch. 25, §1, 28 Stat. 37. The provisions of sections 5508, 5510, 5516, 5518 and 5524 to 5532 of the Revised Statutes were reenacted by act Mar. 4, 1909, and classified to sections 51, 52, 54 to 59, 246, 428 and 443 to 445 of former Title 18, Criminal Code and Criminal Procedure. Those sections were repealed and reenacted as sections 241, 242, 372, 592, 593, 752, 1071, 1581, 1583 and 1588 of Title 18, Crimes and Criminal Procedure, in the general revision of Title 18 by act June 25, 1948, ch. 645, 62 Stat. 683.

Codification

R.S. §1982 derived from acts Apr. 9, 1866, ch. 31, §4, 14 Stat. 28; May 31, 1870, Ch. 114, §9, 16 Stat. 142.

Section was formerly classified to section 49 of Title 8, Aliens and Nationality.

Change of Name

Act June 25, 1948, eff. Sept. 1, 1948, substituted “United States attorneys” for “district attorneys”. See section 541 of Title 28, Judiciary and Judicial Procedure, and Historical and Revision Notes thereunder.

“United States magistrate judges” substituted in text for “magistrates” pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28. Previously, “magistrates” substituted for “commissioners” pursuant to Pub. L. 90–578. See chapter 43 (§631 et seq.) of Title 28.

Reference to the district courts substituted for reference to the circuit courts on authority of section 291 of act Mar. 3, 1911.

§1988. Proceedings in vindication of civil rights

(a) Applicability of statutory and common law

The jurisdiction in civil and criminal matters conferred on the district courts by the provisions of titles 13, 24, and 70 of the Revised Statutes for the protection of all persons in the United States in their civil rights, and for their vindication, shall be exercised and enforced in conformity with the laws of the United States, so far as such laws are suitable to carry the same into effect; but in all cases where they are not adapted to the object, or are deficient in the provisions necessary to furnish suitable remedies and punish offenses against law, the common law, as modified and changed by the constitution and statutes of the State wherein the court having jurisdiction of such civil or criminal cause is held, so far as the same is not inconsistent with the Constitution and laws of the United States, shall be extended to and govern the said courts in the trial and disposition of the cause, and, if it is of a criminal nature, in the infliction of punishment on the party found guilty.

(b) Attorney’s fees

In any action or proceeding to enforce a provision of sections 1981, 1981a, 1982, 1983, 1985, and 1986 of this title, title IX of Public Law 92–318 [20 U.S.C. 1681 et seq.], the Religious Freedom Restoration Act of 1993 [42 U.S.C. 2000bb et seq.], the Religious Land Use and Institutionalized Persons Act of 2000 [42 U.S.C. 2000cc et seq.], title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.], or section 13981 of this title, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity such officer shall not be held liable for any costs, including attorney’s fees, unless such action was clearly in excess of such officer’s jurisdiction.

(c) Expert fees

In awarding an attorney’s fee under subsection (b) of this section in any action or proceeding to enforce a provision of section 1981 or 1981a of this title, the court, in its discretion, may include expert fees as part of the attorney’s fee.

(R.S. §722; Pub. L. 94–559, §2, Oct. 19, 1976, 90 Stat. 2641; Pub. L. 96–481, title II, §205(c), Oct. 21, 1980, 94 Stat. 2330; Pub. L. 102–166, title I, §§103, 113(a), Nov. 21, 1991, 105 Stat. 1074, 1079; Pub. L. 103–141, §4(a), Nov. 16, 1993, 107 Stat. 1489; Pub. L. 103–322, title IV, §40303, Sept. 13, 1994, 108 Stat. 1942; Pub. L. 104–317, title III, §309(b), Oct. 19, 1996, 110 Stat. 3853; Pub. L. 106–274, §4(d), Sept. 22, 2000, 114 Stat. 804.)

References in Text

Title 13 of the Revised Statutes, referred to in subsec. (a), was in the original “this Title” meaning title 13 of the Revised Statutes, consisting of R.S. §§530 to 1093. For complete classification of R.S. §§530 to 1093 to the Code, see Tables.

Title 24 of the Revised Statutes, referred to in subsec. (a), was in the original “Title ‘Civil Rights,’ ” meaning title 24 of the Revised Statutes, consisting of R.S. §§1977 to 1991, which are classified to sections 1981 to 1983, 1985 to 1987, and 1989 to 1994 of this title. For complete classification of R.S. §§1977 to 1991 to the Code, see Tables.

Title 70 of the Revised Statutes, referred to in subsec. (a), was in the original “Title ‘Crimes,’ ” meaning title 70 of the Revised Statutes, consisting of R.S. §§5323 to 5550. For complete classification of R.S. §§5323 to 5550, see Tables.

Title IX of Public Law 92–318, referred to in subsec. (b), is title IX of Pub. L. 92–318, June 23, 1972, 86 Stat. 373, as amended, known as the Patsy Takemoto Mink Equal Opportunity in Education Act, which is classified principally to chapter 38 (§1681 et seq.) of Title 20, Education. For complete classification of title IX to the Code, see Short Title note set out under section 1681 of Title 20 and Tables.

The Religious Freedom Restoration Act of 1993, referred to in subsec. (b), is Pub. L. 103–141, Nov. 16, 1993, 107 Stat. 1488, which is classified principally to chapter 21B (§2000bb et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2000bb of this title and Tables.

The Religious Land Use and Institutionalized Persons Act of 2000, referred to in subsec. (b), is Pub. L. 106–274, Sept. 22, 2000, 114 Stat. 803, which is classified principally to chapter 21C (§2000cc et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2000cc of this title and Tables.

The Civil Rights Act of 1964, referred to in subsec. (b), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Civil Rights Act of 1964 is classified generally to subchapter V (§2000d et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of this title and Tables.

These are the Federal Rules of Evidence, as amended to December 1, 2020. Click on any rule to read it.

  1. ARTICLE I. GENERAL PROVISIONS
    1. Rule 101. Scope; Definitions
    2. Rule 102. Purpose
    3. Rule 103. Rulings on Evidence
    4. Rule 104. Preliminary Questions
    5. Rule 105. Limiting Evidence That Is Not Admissible Against Other Parties or for Other Purposes
    6. Rule 106. Remainder of or Related Writings or Recorded Statements
  2. ARTICLE II. JUDICIAL NOTICE
    1. Rule 201. Judicial Notice of Adjudicative Facts
  3. ARTICLE III. PRESUMPTIONS IN CIVIL CASES
    1. Rule 301. Presumptions in Civil Cases Generally
    2. Rule 302. Applying State Law to Presumptions in Civil Cases
  4. ARTICLE IV. RELEVANCE AND ITS LIMITS
    1. Rule 401. Test for Relevant Evidence
    2. Rule 402. General Admissibility of Relevant Evidence
    3. Rule 403. Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons
    4. Rule 404. Character Evidence; Other Crimes, Wrongs, or Acts
    5. Rule 405. Methods of Proving Character
    6. Rule 406. Habit; Routine Practice
    7. Rule 407. Subsequent Remedial Measures
    8. Rule 408. Compromise Offers and Negotiations
    9. Rule 409. Offers to Pay Medical and Similar Expenses
    10. Rule 410. Pleas, Plea Discussions, and Related Statements
    11. Rule 411. Liability Insurance
    12. Rule 412. Sex-Offense Cases: The Victim’s Sexual Behavior or Predisposition
    13. Rule 413. Similar Crimes in Sexual-Assault Cases
    14. Rule 414. Similar Crimes in Child Molestation Cases
    15. Rule 415. Similar Acts in Civil Cases Involving Sexual Assault or Child Molestation
  5. ARTICLE V. PRIVILEGES
    1. Rule 501. Privilege in General
    2. Rule 502. Attorney-Client Privilege and Work Product; Limitations on Waiver
  6. ARTICLE VI. WITNESSES
    1. Rule 601. Competency to Testify in General
    2. Rule 602. Need for Personal Knowledge
    3. Rule 603. Oath or Affirmation to Testify Truthfully
    4. Rule 604. Interpreter
    5. Rule 605. Judge’s Competency as a Witness
    6. Rule 606. Juror’s Competency as a Witness
    7. Rule 607. Who May Impeach a Witness
    8. Rule 608. A Witness’s Character for Truthfulness or Untruthfulness
    9. Rule 609. Impeachment by Evidence of a Criminal Conviction
    10. Rule 610. Religious Beliefs or Opinions
    11. Rule 611. Mode and Order of Examining Witnesses and Presenting Evidence
    12. Rule 612. Writing Used to Refresh a Witness’s Memory
    13. Rule 613. Witness’s Prior Statement
    14. Rule 614. Court’s Calling or Examining a Witness
    15. Rule 615. Excluding Witnesses
  7. ARTICLE VII. OPINIONS AND EXPERT TESTIMONY
    1. Rule 701. Opinion Testimony by Lay Witnesses
    2. Rule 702. Testimony by Expert Witnesses
    3. Rule 703. Bases of an Expert’s Opinion Testimony
    4. Rule 704. Opinion on an Ultimate Issue
    5. Rule 705. Disclosing the Facts or Data Underlying an Expert’s Opinion
    6. Rule 706. Court-Appointed Expert Witnesses
  8. ARTICLE VIII. HEARSAY
    1. Rule 801. Definitions That Apply to This Article; Exclusions from Hearsay
    2. Rule 802. The Rule Against Hearsay
    3. Rule 803. Exceptions to the Rule Against Hearsay — Regardless of Whether the Declarant Is Available as a Witness
    4. Rule 804. Hearsay Exceptions; Declarant Unavailable
    5. Rule 805. Hearsay Within Hearsay
    6. Rule 806. Attacking and Supporting the Declarant’s Credibility
    7. Rule 807. Residual Exception
  9. ARTICLE IX. AUTHENTICATION AND IDENTIFICATION
    1. Rule 901. Authenticating or Identifying Evidence
    2. Rule 902. Evidence That Is Self-Authenticating
    3. Rule 903. Subscribing Witness’s Testimony
  10. ARTICLE X. CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS
    1. Rule 1001. Definitions That Apply to This Article
    2. Rule 1002. Requirement of the Original
    3. Rule 1003. Admissibility of Duplicates
    4. Rule 1004. Admissibility of Other Evidence of Content
    5. Rule 1005. Copies of Public Records to Prove Content
    6. Rule 1006. Summaries to Prove Content
    7. Rule 1007. Testimony or Statement of a Party to Prove Content
    8. Rule 1008. Functions of the Court and Jury
  11. ARTICLE XI. MISCELLANEOUS RULES
    1. Rule 1101. Applicability of the Rules
    2. Rule 1102. Amendments
    3. Rule 1103. Title