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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….

Case Law 0

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

Civil Rights 0

An appeal from summary judgment in favor of defendants in action alleging plaintiff’s child was wrongfully removed from her home and placed in a neglectful foster home where she died.

Video 0

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
Case Law 0

Case Name:
Rosalba Mayorga v. State of Washington
Case Number:
19-35256
Case Panel:
Gilman, HAWKINS, CALLAHAN
Hearing Location:
Seattle WA
Hearing Date:
10/09/2020

Video 0

§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.

Civil Rights 0

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.

Civil Rights 0

§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.)

Civil Rights 0

§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.

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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
Civil Rights 0
CPS Appeals, Dependency 0
CPS Appeals, Dependency, Video 0
  1. Fill one out for social worker and one for supervisor.
  2. This is what the clerk will mail back to you with the official seal.
  3. After you get this document in the mail you can now serve the attorney general of your state.
Civil Rights, Forms 0
  1. Follow the “Rules of Evidence” when submitting evidence to them.
  2. Tort law  in nationwide so all 50 states have to file a tort first, if you want money, this will need to be sent to your states “attorney general”
  3. Some states have online tort filing options google it!
  4. Put in the amount you want to be compensated, higher than $75,000.00.
  5. As long as you wait 60 days after filing then you will not have to have the actual letter to file your lawsuit just state under jurisdiction that you filed a tort 60 days ago.
Civil Rights, Forms 0
  1. Even if your case with CPS is closed leave the kids name out. Refer to them as “child” if needed.
  2. Mark number 440 “Other civil rights complaint”
  3. On this form you do not have to make a separate one for each defendant you can use the same one for all. Mark Federal Question.
  4. Write Section 1983 civil rights violation somewhere in either of the boxes that is the core you want to always document on all forms.
  5. Put cover sheet, summons, complaint, and fee waiver in one envelope, mail it via ups so you can get a signature that the federal court clerk received it, with your $400 money order.
  6. Wait for the clerk to mail the summons back to you before you serve them
Case Law, Forms 0

What better way to hold the accountable?

Than the law from the state they are from and are required to follow, you can and should find all law violations possible and list each and every one in your lawsuit of course.

Revised Code of Washington (RCW)

The Revised Code of Washington (RCW) is the compilation of all permanent laws now in force. It is a collection of Session Laws (enacted by the Legislature, and signed by the Governor, or enacted via the initiative process), arranged by topic, with amendments added and repealed laws removed. It does not include temporary laws such as appropriations acts. The official version of the RCW is published by the Statute Law Committee and the Code Reviser.

The online version of the RCW is updated twice a year, once in the early fall following the legislative session, and again at the end of the year if a ballot measure that changes the law passed at the general election. Copies of the RCW as they existed each year since 1973 are available in the RCW Archive.

The Selected Titles version of the Revised Code of Washington is located here.

Civil Rights 0

You can sue anyone for anything! Do not let the naysayers tell you that you can’t this is their failed attempt to stop you from getting rich. there is a first time for everything state your case if you feel like you have one who cares what anyone says sue the person you believe violated your rights don’t follow the rules. Do what you think and know is the right thing to do. Rich and famous people did not get to where they are by following the rules they took a risk.

  1. Never name the state it embarrassing to them
  2. Only name the people in their individual capacity and that they work for the state.
  3. Judge (individual capacity)
  4. Commissioner (individual capacity)
  5. Bailiff (individual capacity)
  6. School District (official capacity)
  7. Attorney General (individual capacity)
  8. Police Department (official capacity)
  9. City of ___________ (city is considered a “person”)
  10. County of  __________(official capacity)
  11. Do not name Child Protective Services
  12. Drug and Alcohol Counselor (individual capacity)
  13. CPS Supervisors (individual capacity)
  14. Teacher (individual capacity)
  15. Nurse (individual capacity)
  16. Doctor (individual capacity)
  17. Hospital (official capacity)
  18. Daycare worker (individual capacity)
  19. Court clerk (individual capacity)
  20. Social workers (individual capacity)
  21. CPS Area Administrators (individual capacity)
  22. CASA (individual capacity)
  23. Your Attorney (individual capacity)
  24. Foster Parents (individual capacity)
  25. Police Officer (individual capacity)
  26. Police Detective (individual capacity)
  27. Prosecuting Attorney (individual capacity)
  28. Division of Child Support (official capacity)
  29. College or School (official capacity)
Civil Rights 0

In December, Frontier Airlines filed a motion to dismiss the lawsuit, arguing that it failed to present sufficient facts that a law was violated or that Swinney and her daughter are entitled to judicial remedy. Such motions are a common initial response to civil lawsuits.

U.S. District Judge Loretta C. Biggs granted Frontier’s motion in part.

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Biggs allowed slander, libel and negligence claims to move forward.

She dismissed claims for abuse of process, gross negligence, intentional infliction of emotional distress, negligent infliction of emotional distress and defamation.

One of Swinney’s attorneys, Sharika Robinson, who is based in Charlotte, described the judge’s ruling as good news.

“The major claim survived,” Robinson said about the negligence claim.

Las Vegas to RDU

Swinney and her daughter were flying from Las Vegas back to the Raleigh-Durham International Airport when they found vomit on one of the seatback trays, inside the seat pocket and on the ground, the lawsuit states.

Swinney summoned the flight attendant, who returned with Clorox wipes and rubber gloves.

Swinney asked her daughter to move to the aisle so that the attendant could clean the seat, but the female attendant told Swinney “it was not her job,” the lawsuit states.

Another passenger asked the flight attendant whose job it was, and she “shrugged her shoulders” and walked to the front of the plane, the lawsuit states.

After waiting 10 minutes, Swinney walked to the front of the plane and asked for someone to address the vomit issues. Swinney also asked the flight attendant for her name and asked to speak to her supervisor, the lawsuit states.

The flight attended responded not to worry about her name, the lawsuit states, because Swinney wouldn’t be on the flight “no matter what.”

Swinney decided to move to two empty seats, when a Frontier employee directed her off the plane. Swinney refused. Frontier officials called law enforcement, who eventually cleared the plane of all passengers.

The passengers were told “because of one rude passenger we are asking everyone to deplane,” the lawsuit states.

When Swinney did leave the plane, she was arrested for trespassing in the gate area.

A friend offered to take Swinney’s daughter, but officials refused, Swinney’s attorneys said.

Swinney’s daughter was placed in Nevada’s Child Protective Custody for 12 hours, the lawsuit states.

A few days later Frontier released a statement indicating that Swinney and her daughter were told they would be given new seats, but Swinney didn’t like the result and became “disruptive.”

Source: NC Woman’s $55 Million Vomit-on-the-Plane Lawsuit Against Frontier Advances | Aviation Pros

Civil Rights 0

A § 1983 lawsuit is a legal remedy available to individuals
pursuant to a federal statute that waives the government’s immunity
from suit for civil rights violations. Congress permits individuals to
file suit against the government under 42 U.S.C. § 1983 to seek
redress for violations of constitutional rights committed by
government officials.96 Section 1983 of Title 42 provides:
Every person who, under color of . . . State or Territory . . . subjects
. . . any citizen of the United States . . . to the deprivation of any
rights, privileges, or immunities secured by the Constitution and
laws, shall be liable to the party injured in an action at law . . . .97
Before filing suit against CPS, attorneys representing families should
identify whether the parent or child’s constitutional rights have been
violated, whether the Fourth or Fourteenth Amendment protections
were violated, and which CPS conduct violated the individual’s
rights. Even where there are constitutional violations, families may
be barred from recovery if the court accepts the defense that the state
actors qualify for qualified immunity. Therefore, attorneys should
plead that CPS violated family members’ constitutional violations in a
manner that gives family members the best opportunity to recover
compensation in light of anticipated qualified immunity

Qualified immunity is an affirmative defense to a civil action that
may be asserted against public officials engaging in a discretionary

function of their employment.98 Public official defendants are
immune from § 1983 lawsuits “[u]nless the plaintiff’s allegations
state a claim of violation of clearly established law.”99 Qualified
immunity balances two important competing interests: “the need to
hold public officials accountable when they exercise power
irresponsibly and the need to shield officials from harassment,
distraction, and liability when they perform their duties
reasonably.”100 The Supreme Court has established a two-pronged
test for determining whether public official defendants are immune
from suit for wrongful conduct: (1) whether the plaintiff alleges a
violation of a constitutional right and (2) whether the plaintiff’s right
was clearly established at the time.101 A “clearly established” right is
one that is “sufficiently clear that a reasonable official would
understand that what he is doing violates that right.

Although qualified immunity is technically an affirmative defense,
in the Ninth Circuit, the plaintiff bears the burden of demonstrating
that the right allegedly violated was clearly established at the time of
the incident.103 If the court determines that government officials are
entitled to qualified immunity, the damages claims against the
officials can be dismissed without a court ever deciding the merits of
the suit.104 In such an instance, the case would be dismissed before a
family is able to tell their story to a jury. The Court’s two-pronged
test is intended to avoid a practical problem of qualified immunity:
that the legal standards will be unclear governing whether official
conduct violated a clearly established right

Case Law, Civil Rights, Forms 0

Sec474. [42 U.S.C. 674] (a) For each quarter beginning after September 30, 1980, each State which has a plan approved under this part shall be entitled to a payment equal to the sum of—

(1) subject to subsections (j) and (k) of section 472,[323][324] an amount equal to the Federal medical assistance percentage (which shall be as defined in section 1905(b), in the case of a State other than the District of Columbia, or 70 percent, in the case of the District of Columbia) of the total amount expended during such quarter as foster care maintenance payments under section 472 for children in foster family homes or child-care institutions (or, with respect to such payments made during such quarter under a cooperative agreement or contract entered into by the State and an Indian tribe, tribal organization, or tribal consortium for the administration or payment of funds under this part, an amount equal to the Federal medical assistance percentage that would apply under section 479B(d) (in this paragraph referred to as the “tribal FMAP”) if such Indian tribe, tribal organization, or tribal consortium made such payments under a program operated under that section, unless the tribal FMAP is less than the Federal medical assistance percentage that applies to the State); plus

(2) an amount equal to the Federal medical assistance percentage (which shall be as defined in section 1905(b), in the case of a State other than the District of Columbia, or 70 percent, in the case of the District of Columbia) of the total amount expended during such quarter as adoption assistance payments under section 473 pursuant to adoption assistance agreements (or, with respect to such payments made during such quarter under a cooperative agreement or contract entered into by the State and an Indian tribe, tribal organization, or tribal consortium for the administration or payment of funds under this part, an amount equal to the Federal medical assistance percentage that would apply under section 479B(d) (in this paragraph referred to as the “tribal FMAP”) if such Indian tribe, tribal organization, or tribal consortium made such payments under a program operated under that section, unless the tribal FMAP is less than the Federal medical assistance percentage that applies to the State); plus

(3) subject to section 472(i) an amount equal to the sum of the following proportions of the total amounts expended during such quarter as found necessary by the Secretary for the provision of child placement services and for the proper and efficient administration of the State plan—

(A) 75 per centum of so much of such expenditures as are for the training (including both short-and long-term training at educational institutions through grants to such institutions or by direct financial assistance to students enrolled in such institutions) of personnel employed or preparing for employment by the State agency or by the local agency administering the plan in the political subdivision,

(B) 75 percent of so much of such expenditures (including travel and per diem expenses) as are for the short-term training of current or prospective parents or relative guardians, the members of the staff of State-licensed or State-approved child care institutions providing care, or State-licensed or State-approved child welfare agencies providing services, to foster or adoptive children receiving assistance under this part, and members of the staff of abuse and neglect courts, agency attorneys, attorneys representing children or parents, guardians ad litem, or other court-appointed special advocates representing children in proceedings of such courts, in ways that increase the ability of such current or prospective parents, guardians, staff members, institutions, attorneys and advocates to provide support and assistance to foster and adopted children, and children living with relative guardians whether incurred directly by the State or by contract,

(C) 50 percent of so much of such expenditures as are for the planning, design, development, or installation of statewide mechanized data collection and information retrieval systems (including 50 percent of the full amount of expenditures for hardware components for such systems) but only to the extent that such systems—

(i) meet the requirements imposed by regulations promulgated pursuant to section 479(b)(2);

(ii) to the extent practicable, are capable of interfacing with the State data collection system that collects information relating to child abuse and neglect;

(iii) to the extent practicable, have the capability of interfacing with, and retrieving information from, the State data collection system that collects information relating to the eligibility of individuals under part A (for the purposes of facilitating verification of eligibility of foster children); and

(iv) are determined by the Secretary to be likely to provide more efficient, economical, and effective administration of the programs carried out under a State plan approved under part B or this part; and

(D) 50 percent of so much of such expenditures as are for the operation of the statewide mechanized data collection and information retrieval systems referred to in subparagraph (C); and

(E) one-half of the remainder of such expenditures; plus

(4) an amount equal to the amount (if any) by which—

(A) the lesser of—

(i) 80 percent of the amount expended by the State during the fiscal year in which the quarter occurs to carry out programs in accordance with the State application approved under section 477(b) for the period in which the quarter occurs (including any amendment that meets the requirements of section 477(b)(5)); or

(ii) the amount allotted to the State under section 477(c)(1) for the fiscal year in which the quarter occurs, reduced by the total of the amounts payable to the State under this paragraph for all prior quarters in the fiscal year; exceeds

(B) the total amount of any penalties assessed against the State under section 477(e) during the fiscal year in which the quarter occurs; plus

(5) an amount equal to the percentage by which the expenditures referred to in paragraph (2) of this subsection are reimbursed of the total amount expended during such quarter as kinship guardianship assistance payments under section 473(d) pursuant to kinship guardianship assistance agreements; plus[325]

(6)[326] subject to section 471(e)—

(A)[327] for each quarter—

(i) subject to clause (ii)—

(I) beginning after September 30, 2019, and before October 1, 2026, an amount equal to 50 percent of the total amount expended during the quarter for the provision of services or programs specified in subparagraph (A) or (B) of section 471(e)(1)that are provided in accordance with promising, supported, or well-supported practices that meet the applicable criteria specified for the practices in section 471(e)(4)(C); and

(II) beginning after September 30, 2026, an amount equal to the Federal medical assistance percentage (which shall be as defined in section 1905(b), in the case of a State other than the District of Columbia, or 70 percent, in the case of the District of Columbia) of the total amount expended during the quarter for the provision of services or programs specified in subparagraph (A) or (B) of section 471(e)(1)that are provided in accordance with promising, supported, or well-supported practices that meet the applicable criteria specified for the practices in section 471(e)(4)(C) (or, with respect to the payments made during the quarter under a cooperative agreement or contract entered into by the State and an Indian tribe, tribal organization, or tribal consortium for the administration or payment of funds under this part, an amount equal to the Federal medical assistance percentage that would apply under section 479B(d) (in this paragraph referred to as the “tribal FMAP”) if the Indian tribe, tribal organization, or tribal consortium made the payments under a program operated under that section, unless the tribal FMAP is less than the Federal medical assistance percentage that applies to the State); except that

(ii)[328] not less than 50 percent of the total amount expended by a State under clause (i) for a fiscal year shall be for the provision of services or programs specified in subparagraph (A) or (B) of section 471(e)(1) that are provided in accordance with well-supported practices; plus

(B) for each quarter specified in subparagraph (A), an amount equal to the sum of the following proportions of the total amount expended during the quarter—

(i) 50 percent of so much of the expenditures as are found necessary by the Secretary for the proper and efficient administration of the State plan for the provision of services or programs specified in section 471(e)(1), including expenditures for activities approved by the Secretary that promote the development of necessary processes and procedures to establish and implement the provision of the services and programs for individuals who are eligible for the services and programs and expenditures attributable to data collection and reporting; and

(ii) 50 percent of so much of the expenditures with respect to the provision of services and programs specified in section 471(e)(1) as are for training of personnel employed or preparing for employment by the State agency or by the local agency administering the plan in the political subdivision and of the members of the staff of State-licensed or State-approved child welfare agencies providing services to children described in section 471(e)(2) and their parents or kin caregivers, including on how to determine who are individuals eligible for the services or programs, how to identify and provide appropriate services and programs, and how to oversee and evaluate the ongoing appropriateness of the services and programs; plus

(7)[329] an amount equal to 50 percent of the amounts expended by the State during the quarter as the Secretary determines are for kinship navigator programs that meet the requirements described in section 427(a)(1)and that the Secretary determines are operated in accordance with promising, supported, or well-supported practices that meet the applicable criteria specified for the practices in section 471(e)(4)(C), without regard to whether the expenditures are incurred on behalf of children who are, or are potentially, eligible for foster care maintenance payments under this part.

(b)(1) The Secretary shall, prior to the beginning of each quarter, estimate the amount to which a State will be entitled under subsection (a) for such quarter, such estimates to be based on (A) a report filed by the State containing its estimate of the total sum to be expended in such quarter in accordance with subsection (a), and stating the amount appropriated or made available by the State and its political subdivisions for such expenditures in such quarter, and if such amount is less than the State’s proportionate share of the total sum of such estimated expenditures, the source or sources from which the difference is expected to be derived, (B) records showing the number of children in the State receiving assistance under this part, and (C) such other investigation as the Secretary may find necessary.

(2) The Secretary shall then pay to the State, in such installments as he may determine, the amounts so estimated, reduced or increased to the extent of any overpayment or underpayment which the Secretary determines was made under this section to such State for any prior quarter and with respect to which adjustment has not already been made under this subsection.

(3) The pro rata share to which the United States is equitably entitled, as determined by the Secretary, of the net amount recovered during any quarter by the State or any political subdivision thereof with respect to foster care and adoption assistance furnished under the State plan shall be considered an overpayment to be adjusted under this subsection.

(4)(A) Within 60 days after receipt of a State claim for expenditures pursuant to subsection (a), the Secretary shall allow, disallow, or defer such claim.

(B) Within 15 days after a decision to defer such a State claim, the Secretary shall notify the State of the reasons for the deferral and of the additional information necessary to determine the allowability of the claim.

(C) Within 90 days after receiving such necessary information (in readily reviewable form), the Secretary shall—

(i) disallow the claim, if able to complete the review and determine that the claim is not allowable, or

(ii) in any other case, allow the claim, subject to disallowance (as necessary)—

(I) upon completion of the review, if it is determined that the claim is not allowable; or

(II) on the basis of findings of an audit or financial management review.

(c) Automated Data Collection Expenditures.—The Secretary shall treat as necessary for the proper and efficient administration of the State plan all expenditures of a State necessary in order for the State to plan, design, develop, install, and operate data collection and information retrieval systems described in subsection (a)(3)(C), without regard to whether the systems may be used with respect to foster or adoptive children other than those on behalf of whom foster care maintenance payments or adoption assistance payments may be made under this part.

(d)(1) If, during any quarter of a fiscal year, a State’s program operated under this part is found, as a result of a review conducted under section 1123A, or otherwise, to have violated paragraph (18) or (23) of section 471(a) with respect to a person or to have failed to implement a corrective action plan within a period of time not to exceed 6 months with respect to such violation, then, notwithstanding subsection (a) of this section and any regulations promulgated under section 1123A(b)(3), the Secretary shall reduce the amount otherwise payable to the State under this part, for that fiscal year quarter and for any subsequent quarter of such fiscal year, until the State program is found, as a result of a subsequent review under section 1123A, to have implemented a corrective action plan with respect to such violation, by—

(A) 2 percent of such otherwise payable amount, in the case of the 1st such finding for the fiscal year with respect to the State;

(B) 3 percent of such otherwise payable amount, in the case of the 2nd such finding for the fiscal year with respect to the State; or

(C) 5 percent of such otherwise payable amount, in the case of the 3rd or subsequent such finding for the fiscal year with respect to the State.

In imposing the penalties described in this paragraph, the Secretary shall not reduce any fiscal year payment to a State by more than 5 percent

(2) Any other entity which is in a State that receives funds under this part and which violates paragraph (18) or (23) of section 471(a) during a fiscal year quarter with respect to any person shall remit to the Secretary all funds that were paid by the State to the entity during the quarter from such funds.

(3)(A) Any individual who is aggrieved by a violation of section 471(a)(18) by a State or other entity may bring an action seeking relief from the State or other entity in any United States district court.

(B) An action under this paragraph may not be brought more than 2 years after the date the alleged violation occurred.

(4) This subsection shall not be construed to affect the application of the Indian Child Welfare Act of 1978[330].

(e) Discretionary Grants for Educational and Training Vouchers for Youths Aging out of Foster Care.—From amounts appropriated pursuant to section 477(h)(2), the Secretary may make a grant to a State with a plan approved under this part, for a calendar quarter, in an amount equal to the lesser of—

(1) 80 percent of the amounts expended by the State during the quarter to carry out programs for the purposes described in section 477(a)(6); or

(2) the amount, if any, allotted to the State under section 477(c)(3) for the fiscal year in which the quarter occurs, reduced by the total of the amounts payable to the State under this subsection for such purposes for all prior quarters in the fiscal year.

(f)(1) If the Secretary finds that a State has failed to submit to the Secretary data, as required by regulation, for the data collection system implemented under section 479, the Secretary shall, within 30 days after the date by which the data was due to be so submitted, notify the State of the failure and that payments to the State under this part will be reduced if the State fails to submit the data, as so required, within 6 months after the date the data was originally due to be so submitted.

(2) If the Secretary finds that the State has failed to submit the data, as so required, by the end of the 6-month period referred to in paragraph (1) of this subsection, then, notwithstanding subsection (a) of this section and any regulations promulgated under section 1123A(b)(3), the Secretary shall reduce the amounts otherwise payable to the State under this part, for each quarter ending in the 6-month period (and each quarter ending in each subsequent consecutively occurring 6-month period until the Secretary finds that the State has submitted the data, as so required), by—

(A) 1/6 of 1 percent of the total amount expended by the State for administration of foster care activities under the State plan approved under this part in the quarter so ending, in the case of the 1st 6-month period during which the failure continues; or

(B) 1/4 of 1 percent of the total amount so expended, in the case of the 2nd or any subsequent such 6-month period.

(g) For purposes of this part, after the termination of a demonstration project relating to guardianship conducted by a State under section 1130, the expenditures of the State for the provision, to children who, as of September 30, 2008, were receiving assistance or services under the project, of the same assistance and services under the same terms and conditions that applied during the conduct of the project, are deemed to be expenditures under the State plan approved under this part.


[322]  See Vol. II, P.L. 99-177, §256, with respect to treatment of foster care and adoption assistance programs.

[323]  P.L. 115–123 §50712(b) inserted “subject to section 472(j),” before “an amount equal to the Federal”. Effective February 9, 2018.

[324]  P.L. 115–123 §50741(a)(2) struck “section 472(j)” and inserted “subsections (j) and (k) of section 472”. Effective February 9, 2018.

[325]  P.L. 115–123 §50711(c)(1) struck the period and inserted “; plus”. Effective February 9, 2018.

[326]  P.L. 115–123 §50711(c)(2) inserted new paragraph (6). Effective February 9, 2018.

[327]  P.L. 116–94, Div. N, §602, suspended application of clause (ii) for quarters in fiscal years 2020 and 2021. Effective as if enacted as part of the Bipartisan Budget Act of 2018 (P.L. 115–123), February 9, 2018.

[328]  P.L. 116–94, Div. N, §602(b)(2), provided that practices that meet the criteria specified for supported practices in section 471(e)(4)(C) shall be considered well-supported practices for purposes of this clause in quarters in fiscal years 2022 and 2023. Effective as if enacted as part of the Bipartisan Budget Act of 2018 (P.L. 115–123), February 9, 2018.

[329]  P.L. 115–123, §50713(2), added paragraph (7). Effective February 9, 2018.

[330]  P.L. 95-608; 92 Stat. 3069.

Civil Rights 0

Sec471. [42 U.S.C. 671] (a) In order for a State to be eligible for payments under this part, it shall have a plan approved by the Secretary which—

(1) provides for foster care maintenance payments in accordance with section 472, adoption assistance in accordance with section 473, and, at the option of the State, services or programs specified in subsection (e)(1) of this section for children who are candidates for foster care or who are pregnant or parenting foster youth and the parents or kin caregivers of the children, in accordance with the requirements of that subsection;[273]

(2) provides that the State agency responsible for administering the program authorized by subpart 1 of part B of this title shall administer, or supervise the administration of, the program authorized by this part;

(3) provides that the plan shall be in effect in all political subdivisions of the State, and, if administered by them, be mandatory upon them;

(4) provides that the State shall assure that the programs at the local level assisted under this part will be coordinated with the programs at the State or local level assisted under parts A and B of this title, under subtitle I of title XX of this Act, and under any other appropriate provision of Federal law;

(5) provides that the State will, in the administration of its programs under this part, use such methods relating to the establishment and maintenance of personnel standards on a merit basis as are found by the Secretary to be necessary for the proper and efficient operation of the programs, except that the Secretary shall exercise no authority with respect to the selection, tenure of office, or compensation of any individual employed in accordance with such methods;

(6) provides that the State agency referred to in paragraph (2) (hereinafter in this part referred to as the “State agency”) will make such reports, in such form and containing such information as the Secretary may from time to time require, and comply with such provisions as the Secretary may from time to time find necessary to assure the correctness and verification of such reports;

(7) provides that the State agency will monitor and conduct periodic evaluations of activities carried out under this part;

(8) subject to subsection (c), provides safeguards which restrict the use of or disclosure of information concerning individuals assisted under the State plan to purposes directly connected with (A) the administration of the plan of the State approved under this part, the plan or program of the State under part A, B, or D of this title or under title I, V, X, XIV, XVI (as in effect in Puerto Rico, Guam, and the Virgin Islands), XIX, or XX, the program established by title II,[274] or the supplemental security income program established by title XVI, (B) any investigation, prosecution, or criminal or civil proceeding, conducted in connection with the administration of any such plan or program, (C) the administration of any other Federal or federally assisted program which provides assistance, in cash or in kind, or services, directly to individuals on the basis of need, (D) any audit or similar activity conducted in connection with the administration of any such plan or program by any governmental agency which is authorized by law to conduct such audit or activity, and (E) reporting and providing information pursuant to paragraph (9) to appropriate authorities with respect to known or suspected child abuse or neglect; and the safeguards so provided shall prohibit disclosure, to any committee or legislative body (other than an agency referred to in clause (D) with respect to an activity referred to in such clause), of any information which identifies by name or address any such applicant or recipient; except that nothing contained herein shall preclude a State from providing standards which restrict disclosures to purposes more limited than those specified herein, or which, in the case of adoptions, prevent disclosure entirely;

(9) provides that the State agency will—

(A) report to an appropriate agency or official, known or suspected instances of physical or mental injury, sexual abuse or exploitation, or negligent treatment or maltreatment of a child receiving aid under part B or this part under circumstances which indicate that the child’s health or welfare is threatened thereby;

(B) provide such information with respect to a situation described in subparagraph (A) as the State agency may have; and

(C) not later than—

(i) 1 year after the date of enactment of this subparagraph, demonstrate to the Secretary that the State agency has developed, in consultation with State and local law enforcement, juvenile justice systems, health care providers, education agencies, and organizations with experience in dealing with at-risk children and youth, policies and procedures (including relevant training for caseworkers) for identifying, documenting in agency records, and determining appropriate services with respect to—

(I) any child or youth over whom the State agency has responsibility for placement, care, or supervision and who the State has reasonable cause to believe is, or is at risk of being, a sex trafficking victim (including children for whom a State child welfare agency has an open case file but who have not been removed from the home, children who have run away from foster care and who have not attained 18 years of age or such older age as the State has elected under section 475(8) of this Act, and youth who are not in foster care but are receiving services under section 477 of this Act); and

(II) at the option of the State, any individual who has not attained 26 years of age, without regard to whether the individual is or was in foster care under the responsibility of the State; and

(ii) 2 years after such date of enactment, demonstrate to the Secretary that the State agency is implementing the policies and procedures referred to in clause (i).[275]

(10) provides–

(A) for the establishment or designation of a State authority or authorities that shall be responsible for establishing and maintaining standards for foster family homes and child care institutions which are reasonably in accord with recommended standards of national organizations concerned with standards for the institutions or homes, including standards related to admission policies, safety, sanitation, and protection of civil rights, and which shall permit use of the reasonable and prudent parenting standard;

(B) that the standards established pursuant to subparagraph (A) shall be applied by the State to any foster family home or child care institution receiving funds under this part or part B and shall require, as a condition of each contract entered into by a child care institution to provide foster care, the presence on-site of at least 1 official who, with respect to any child placed at the child care institution, is designated to be the caregiver who is authorized to apply the reasonable and prudent parent standard to decisions involving the participation of the child in age or developmentally-appropriate activities, and who is provided with training in how to use and apply the reasonable and prudent parent standard in the same manner as prospective foster parents are provided the training pursuant to paragraph (24);

(C) that the standards established pursuant to subparagraph (A) shall include policies related to the liability of foster parents and private entities under contract by the State involving the application of the reasonable and prudent parent standard, to ensure appropriate liability for caregivers when a child participates in an approved activity and the caregiver approving the activity acts in accordance with the reasonable and prudent parent standard; and

(D) that a waiver of any standards established pursuant to subparagraph (A) may be made only on a case- by-case basis for nonsafety standards (as determined by the State) in relative foster family homes for specific children in care;[276]

(11) provides for periodic review of the standards referred to in the preceding paragraph and amounts paid as foster care maintenance payments and adoption assistance to assure their continuing appropriateness;

(12) provides for granting an opportunity for a fair hearing before the State agency to any individual whose claim for benefits available pursuant to this part is denied or is not acted upon with reasonable promptness;

(13) provides that the State shall arrange for a periodic and independently conducted audit of the programs assisted under this part and part B of this title, which shall be conducted no less frequently than once every three years;

(14) provides (A) specific goals (which shall be established by State law on or before October 1, 1982) for each fiscal year (commencing with the fiscal year which begins on October 1, 1983) as to the maximum number of children (in absolute numbers or as a percentage of all children in foster care with respect to whom assistance under the plan is provided during such year) who, at any time during such year, will remain in foster care after having been in such care for a period in excess of twenty-four months, and (B) a description of the steps which will be taken by the State to achieve such goals;

(15) provides that—

(A) in determining reasonable efforts to be made with respect to a child, as described in this paragraph, and in making such reasonable efforts, the child’s health and safety shall be the paramount concern;

(B) except as provided in subparagraph (D), reasonable efforts shall be made to preserve and reunify families—

(i) prior to the placement of a child in foster care, to prevent or eliminate the need for removing the child from the child’s home; and

(ii) to make it possible for a child to safely return to the child’s home;

(C) if continuation of reasonable efforts of the type described in subparagraph (B) is determined to be inconsistent with the permanency plan for the child, reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan (including, if appropriate, through an interstate placement) and to complete whatever steps are necessary to finalize the permanent placement of the child;

(D) reasonable efforts of the type described in subparagraph (B) shall not be required to be made with respect to a parent of a child if a court of competent jurisdiction has determined that—

(i) the parent has subjected the child to aggravated circumstances (as defined in State law, which definition may include but need not be limited to abandonment, torture, chronic abuse, and sexual abuse);

(ii) the parent has—

(I) committed murder (which would have been an offense under section 1111(a) of title 18, United States Code[277], if the offense had occurred in the special maritime or territorial jurisdiction of the United States) of another child of the parent;

(II) committed voluntary manslaughter (which would have been an offense under section 1112(a) of title 18, United States Code[278], if the offense had occurred in the special maritime or territorial jurisdiction of the United States) of another child of the parent;

(III) aided or abetted, attempted, conspired, or solicited to commit such a murder or such a voluntary manslaughter; or

(IV) committed a felony assault that results in serious bodily injury to the child or another child of the parent; or

(iii) the parental rights of the parent to a sibling have been terminated involuntarily;

(E) if reasonable efforts of the type described in subparagraph (B) are not made with respect to a child as a result of a determination made by a court of competent jurisdiction in accordance with subparagraph (D)—

(i) a permanency hearing (as described in section 475(5)(C)), which considers in-State and out-of-State permanent placement options for the child, shall be held for the child within 30 days after the determination; and

(ii) reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan, and to complete whatever steps are necessary to finalize the permanent placement of the child; and

(F) reasonable efforts to place a child for adoption or with a legal guardian, including identifying appropriate in-State and out-of-State placements may be made concurrently with reasonable efforts of the type described in subparagraph (B);

(16) provides for the development of a case plan (as defined in section 475(1) and in accordance with the requirements of section 475A for each child receiving foster care maintenance payments under the State plan and provides for a case review system which meets the requirements described in sections 475(5) and 475A with respect to each such child;

(17) provides that, where appropriate, all steps will be taken, including cooperative efforts with the State agencies administering the program funded under part A and plan approved under part D, to secure an assignment to the State of any rights to support on behalf of each child receiving foster care maintenance payments under this part;

(18) not later than January 1, 1997, provides that neither the State nor any other entity in the State that receives funds from the Federal Government and is involved in adoption or foster care placements may—

(A) deny to any person the opportunity to become an adoptive or a foster parent, on the basis of the race, color, or national origin of the person, or of the child, involved; or

(B) delay or deny the placement of a child for adoption or into foster care, on the basis of the race, color, or national origin of the adoptive or foster parent, or the child, involved;

(19) provides that the State shall consider giving preference to an adult relative over a non-related caregiver when determining a placement for a child, provided that the relative caregiver meets all relevant State child protection standards;

(20)(A) provides procedures for criminal records checks, including fingerprint-based checks of national crime information databases (as defined in section 534(f)(3)(A) of title 28, United States Code[279]), for any prospective foster or adoptive parent before the foster or adoptive parent may be finally approved for placement of a child regardless of whether foster care maintenance payments or adoption assistance payments are to be made on behalf of the child under the State plan under this part, including procedures requiring that—[280]

(i) in any case involving a child on whose behalf such payments are to be made in which a record check reveals a felony conviction for child abuse or neglect, for spousal abuse, for a crime against children (including child pornography), or for a crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery, if a State finds that a court of competent jurisdiction has determined that the felony was committed at any time, such final approval shall not be granted; and

(ii) in any case involving a child on whose behalf such payments are to be made in which a record check reveals a felony conviction for physical assault, battery, or a drug-related offense, if a State finds that a court of competent jurisdiction has determined that the felony was committed within the past 5 years, such final approval shall not be granted;[281]

(B) provides that the State shall—

(i) check any child abuse and neglect registry maintained by the State for information on any prospective foster or adoptive parent and on any other adult living in the home of such a prospective parent, and request any other State in which any such prospective parent or other adult has resided in the preceding 5 years, to enable the State to check any child abuse and neglect registry maintained by such other State for such information, before the prospective foster or adoptive parent may be finally approved for placement of a child, regardless of whether foster care maintenance payments or adoption assistance payments are to be made on behalf of the child under the State plan under this part;

(ii) comply with any request described in clause (i) that is received from another State; and

(iii) have in place safeguards to prevent the unauthorized disclosure of information in any child abuse and neglect registry maintained by the State, and to prevent any such information obtained pursuant to this subparagraph from being used for a purpose other than the conducting of background checks in foster or adoptive placement cases; [282]

(C) provides procedures for criminal records checks, including fingerprint-based checks of national crime information databases (as defined in section 534(f)(3)(A) of title 28, United States Code), on any relative guardian, and for checks described in subparagraph (C) of this paragraph on any relative guardian and any other adult living in the home of any relative guardian, before the relative guardian may receive kinship guardianship assistance payments on behalf of the child under the State plan under this part; and[283]

(D)[284] provides procedures for any child-care institution, including a group home, residential treatment center, shelter, or other congregate care setting, to conduct criminal records checks, including fingerprint-based checks of national crime information databases (as defined in section 534(f)(3)(A) of title 28, United States Code), and checks described in subparagraph (B) of this paragraph, on any adult working in a child-care institution, including a group home, residential treatment center, shelter, or other congregate care setting, unless the State reports to the Secretary the alternative criminal records checks and child abuse registry checks the State conducts on any adult working in a child-care institution, including a group home, residential treatment center, shelter, or other congregate care setting, and why the checks specified in this subparagraph are not appropriate for the State;

(21) provides for health insurance coverage (including, at State option, through the program under the State plan approved under title XIX) for any child who has been determined to be a child with special needs, for whom there is in effect an adoption assistance agreement (other than an agreement under this part) between the State and an adoptive parent or parents, and who the State has determined cannot be placed with an adoptive parent or parents without medical assistance because such child has special needs for medical, mental health, or rehabilitative care, and that with respect to the provision of such health insurance coverage—

(A) such coverage may be provided through 1 or more State medical assistance programs;

(B) the State, in providing such coverage, shall ensure that the medical benefits, including mental health benefits, provided are of the same type and kind as those that would be provided for children by the State under title XIX;

(C) in the event that the State provides such coverage through a State medical assistance program other than the program under title XIX, and the State exceeds its funding for services under such other program, any such child shall be deemed to be receiving aid or assistance under the State plan under this part for purposes of section 1902(a)(10)(A)(i)(I); and

(D) in determining cost–sharing requirements, the State shall take into consideration the circumstances of the adopting parent or parents and the needs of the child being adopted consistent, to the extent coverage is provided through a State medical assistance program, with the rules under such program;

(22) provides that, not later than January 1, 1999, the State shall develop and implement standards to ensure that children in foster care placements in public or private agencies are provided quality services that protect the safety and health of the children;

(23) provides that the State shall not—

(A) deny or delay the placement of a child for adoption when an approved family is available outside of the jurisdiction with responsibility for handling the case of the child; or

(B) fail to grant an opportunity for a fair hearing, as described in paragraph (12), to an individual whose allegation of a violation of subparagraph (A) of this paragraph is denied by the State or not acted upon by the State with reasonable promptness,

(24) includes a certification that, before a child in foster care under the responsibility of the State is placed with prospective foster parents, the prospective foster parents will be prepared adequately with the appropriate knowledge and skills to provide for the needs of the child and that the preparation will be continued, as necessary, after the placement of the child, and that the preparation shall include knowledge and skills relating to the reasonable and prudent parent standard for the participation of the child in age or developmentally-appropriate activities, including knowledge and skills relating to the developmental stages of the cognitive, emotional, physical, and behavioral capacities of a child, and knowledge and skills relating to applying the standard to decisions such as whether to allow the child to engage in social, extracurricular, enrichment, cultural, and social activities, including sports, field trips, and overnight activities lasting 1 or more days, and to decisions involving the signing of permission slips and arranging of transportation for the child to and from extracurricular, enrichment, and social activities;[285]

(25) provides that the State shall have in effect procedures for the orderly and timely interstate placement of children, which, in the case of a State other than the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, or American Samoa, not later than October 1, 2027, shall include the use of an electronic interstate case-processing system;[286] and procedures implemented in accordance with an interstate compact, if incorporating with the procedures prescribed by paragraph (26), shall be considered to satisfy the requirement of this paragraph;

(26) provides that—

(A)(i) within 60 days after the State receives from another State a request to conduct a study of a home environment for purposes of assessing the safety and suitability of placing a child in the home, the State shall, directly or by contract—

(I) conduct and complete the study; and

(II) return to the other State a report on the results of the study, which shall address the extent to which placement in the home would meet the needs of the child; and

(ii) in the case of a home study begun on or before September 30, 2008, if the State fails to comply with clause (i) within the 60-day period as a result of circumstances beyond the control of the State (such as a failure by a Federal agency to provide the results of a background check, or the failure by any entity to provide completed medical forms, requested by the State at least 45 days before the end of the 60-day period), the State shall have 75 days to comply with clause (i) if the State documents the circumstances involved and certifies that completing the home study is in the best interests of the child; except that

(iii) this subparagraph shall not be construed to require the State to have completed, within the applicable period, the parts of the home study involving the education and training of the prospective foster or adoptive parents;

(B) the State shall treat any report described in subparagraph (A) that is received from another State or an Indian tribe (or from a private agency under contract with another State) as meeting any requirements imposed by the State for the completion of a home study before placing a child in the home, unless, within 14 days after receipt of the report, the State determines, based on grounds that are specific to the content of the report, that making a decision in reliance on the report would be contrary to the welfare of the child; and

(C) the State shall not impose any restriction on the ability of a State agency administering, or supervising the administration of, a State program operated under a State plan approved under this part to contract with a private agency for the conduct of a home study described in subparagraph (A);

(27) provides that, with respect to any child in foster care under the responsibility of the State under this part or part B and without regard to whether foster care maintenance payments are made under section 472 on behalf of the child, the State has in effect procedures for verifying the citizenship or immigration status of the child;

(28) at the option of the State, provides for the State to enter into kinship guardianship assistance agreements to provide kinship guardianship assistance payments on behalf of children to grandparents and other relatives who have assumed legal guardianship of the children for whom they have cared as foster parents and for whom they have committed to care on a permanent basis, as provided in section 473(d);

(29) provides that, within 30 days after the removal of a child from the custody of the parent or parents of the child, the State shall exercise due diligence to identify and provide notice to the following relatives: all adult grandparents, all parents of a sibling of the child, where such parent has legal custody of such sibling[287], and other adult relatives of the child (including any other adult relatives suggested by the parents), subject to exceptions due to family or domestic violence, that—

(A) specifies that the child has been or is being removed from the custody of the parent or parents of the child;

(B) explains the options the relative has under Federal, State, and local law to participate in the care and placement of the child, including any options that may be lost by failing to respond to the notice;

(C) describes the requirements under paragraph (10) of this subsection to become a foster family home and the additional services and supports that are available for children placed in such a home; and

(D) if the State has elected the option to make kinship guardianship assistance payments under paragraph (28) of this subsection, describes how the relative guardian of the child may subsequently enter into an agreement with the State under section 473(d)to receive the payments;

(30) provides assurances that each child who has attained the minimum age for compulsory school attendance under State law and with respect to whom there is eligibility for a payment under the State plan is a full-time elementary or secondary school student or has completed secondary school, and for purposes of this paragraph, the term “elementary or secondary school student” means, with respect to a child, that the child is—

(A) enrolled (or in the process of enrolling) in an institution which provides elementary or secondary education, as determined under the law of the State or other jurisdiction in which the institution is located;

(B) instructed in elementary or secondary education at home in accordance with a home school law of the State or other jurisdiction in which the home is located;

(C) in an independent study elementary or secondary education program in accordance with the law of the State or other jurisdiction in which the program is located, which is administered by the local school or school district; or

(D) incapable of attending school on a full-time basis due to the medical condition of the child, which incapability is supported by regularly updated information in the case plan of the child;

(31) provides that reasonable efforts shall be made—

(A) to place siblings removed from their home in the same foster care, kinship guardianship, or adoptive placement, unless the State documents that such a joint placement would be contrary to the safety or well-being of any of the siblings; and

(B) in the case of siblings removed from their home who are not so jointly placed, to provide for frequent visitation or other ongoing interaction between the siblings, unless that State documents that frequent visitation or other ongoing interaction would be contrary to the safety or well-being of any of the siblings;

(32)[288] provides that the State will negotiate in good faith with any Indian tribe, tribal organization or tribal consortium in the State that requests to develop an agreement with the State to administer all or part of the program under this part on behalf of Indian children who are under the authority of the tribe, organization, or consortium, including foster care maintenance payments on behalf of children who are placed in State or tribally licensed foster family homes, adoption assistance payments, and, if the State has elected to provide such payments, kinship guardianship assistance payments under section 473(d), and tribal access to resources for administration, training, and data collection under this part;

(33) provides that the State will inform any individual who is adopting, or whom the State is made aware is considering adopting, a child who is in foster care under the responsibility of the State of the potential eligibility of the individual for a Federal tax credit under section 23 of the Internal Revenue Code of 1986;

(34) provides that, for each child or youth described in paragraph (9)(C)(i)(I), the State agency shall–

(A) not later than 2 years after the date of the enactment of this paragraph, report immediately, and in no case later than 24 hours after receiving information on children or youth who have been identified as being a sex trafficking victim, to the law enforcement authorities; and

(B) not later than 3 years after such date of enactment and annually thereafter, report to the Secretary the total number of children and youth who are sex trafficking victims;[289]

(35) provides that—

(A) not later than 1 year after the date of the enactment of this paragraph, the State shall develop and implement specific protocols for—

(i) expeditiously locating any child missing from foster care;

(ii) determining the primary factors that contributed to the child’s running away or otherwise being absent from care, and to the extent possible and appropriate, responding to those factors in current and subsequent placements;

(iii) determining the child’s experiences while absent from care, including screening the child to determine if the child is a possible sex trafficking victim (as defined in section 475(9)(A)); and

(iv) reporting such related information as required by the Secretary; and

(B) not later than 2 years after such date of enactment, for each child and youth described in paragraph (9)(C)(i)(I) of this subsection, the State agency shall report immediately, and in no case later than 24 hours after receiving, information on missing or abducted children or youth to the law enforcement authorities for entry into the National Crime Information Center (NCIC) database of the Federal Bureau of Investigation, established pursuant to section 534 of title 28, United States Code, and to the National Center for Missing and Exploited Children;[290]

(36)[291] provides that, not later than April 1, 2019, the State shall submit to the Secretary information addressing—

(A) whether the State licensing standards are in accord with model standards identified by the Secretary, and if not, the reason for the specific deviation and a description as to why having a standard that is reasonably in accord with the corresponding national model standards is not appropriate for the State;

(B) whether the State has elected to waive standards established in 471(a)(10)(A) for relative foster family homes (pursuant to waiver authority provided by 471(a)(10)(D)), a description of which standards the State most commonly waives, and if the State has not elected to waive the standards, the reason for not waiving these standards;

(C) if the State has elected to waive standards specified in subparagraph (B), how caseworkers are trained to use the waiver authority and whether the State has developed a process or provided tools to assist caseworkers in waiving nonsafety standards per the authority provided in 471(a)(10)(D) to quickly place children with relatives; and

(D) a description of the steps the State is taking to improve caseworker training or the process, if any; and

(37)[292] includes a certification that, in response to the limitation imposed under section 472(k) with respect to foster care maintenance payments made on behalf of any child who is placed in a setting that is not a foster family home, the State will not enact or advance policies or practices that would result in a significant increase in the population of youth in the State’s juvenile justice system.

(b) The Secretary shall approve any plan which complies with the provisions of subsection (a) of this section.

(c) Use of Child Welfare Records in State Court Proceedings.—Subsection (a)(8) shall not be construed to limit the flexibility of a State in determining State policies relating to public access to court proceedings to determine child abuse and neglect or other court hearings held pursuant to part B of this part, except that such policies shall, at a minimum, ensure the safety and well-being of the child, parents, and family.

(d) Annual Reports by the Secretary on Number of Children and Youth Reported by States To Be Sex Trafficking Victims.— Not later than 4 years after the date of the enactment of this subsection and annually thereafter, the Secretary shall report to the Congress and make available to the public on the Internet website of the Department of Health and Human Services the number of children and youth reported in accordance with subsection (a)(34)(B) of this section to be sex trafficking victims (as defined in section 475(9)(A)).

(e)[293]Prevention and Family Services and Programs.—

(1) In general.—Subject to the succeeding provisions of this subsection, the Secretary may make a payment to a State for providing the following services or programs for a child described in paragraph (2) and the parents or kin caregivers of the child when the need of the child, such a parent, or such a caregiver for the services or programs are directly related to the safety, permanence, or well-being of the child or to preventing the child from entering foster care:

(A) Mental health and substance abuse prevention and treatment services.—Mental health and substance abuse prevention and treatment services provided by a qualified clinician for not more than a 12-month period that begins on any date described in paragraph (3) with respect to the child.

(B) In-home parent skill-based programs.— In-home parent skill-based programs for not more than a 12-month period that begins on any date described in paragraph (3) with respect to the child and that include parenting skills training, parent education, and individual and family counseling.

(2) Child described.—For purposes of paragraph (1), a child described in this paragraph is the following:

(A) A child who is a candidate for foster care (as defined in section 475(13)) but can remain safely at home or in a kinship placement with receipt of services or programs specified in paragraph (1).

(B) A child in foster care who is a pregnant or parenting foster youth.

(3) Date described.—For purposes of paragraph (1), the dates described in this paragraph are the following:

(A) The date on which a child is identified in a prevention plan maintained under paragraph (4) as a child who is a candidate for foster care (as defined in section 475(13)).

(B) The date on which a child is identified in a prevention plan maintained under paragraph (4) as a pregnant or parenting foster youth in need of services or programs specified in paragraph (1).

(4) Requirements related to providing services and programs.—Services and programs specified in paragraph (1) may be provided under this subsection only if specified in advance in the child’s prevention plan described in subparagraph (A) and the requirements in subparagraphs (B) through (E) are met:

(A) Prevention plan.—The State maintains a written prevention plan for the child that meets the following requirements (as applicable):

(i) Candidates.—In the case of a child who is a candidate for foster care described in paragraph (2)(A), the prevention plan shall—

(I) identify the foster care prevention strategy for the child so that the child may remain safely at home, live temporarily with a kin caregiver until reunification can be safely achieved, or live permanently with a kin caregiver;

(II) list the services or programs to be provided to or on behalf of the child to ensure the success of that prevention strategy; and

(III) comply with such other requirements as the Secretary shall establish.

(ii) Pregnant or parenting foster youth.—In the case of a child who is a pregnant or parenting foster youth described in paragraph (2)(B), the prevention plan shall—

(I) be included in the child’s case plan required under section 475(1);

(II) list the services or programs to be provided to or on behalf of the youth to ensure that the youth is prepared (in the case of a pregnant foster youth) or able (in the case of a parenting foster youth) to be a parent;

(III) describe the foster care prevention strategy for any child born to the youth; and

(IV) comply with such other requirements as the Secretary shall establish.

(B) Trauma-informed.—The services or programs to be provided to or on behalf of a child are provided under an organizational structure and treatment framework that involves understanding, recognizing, and responding to the effects of all types of trauma and in accordance with recognized principles of a trauma-informed approach and trauma-specific interventions to address trauma’s consequences and facilitate healing.

(C)[294]Only services and programs provided in accordance with promising, supported, or well-supported practices permitted.—

(i) IN GENERAL.—Only State expenditures for services or programs specified in subparagraph (A) or (B) of paragraph (1) that are provided in accordance with practices that meet the requirements specified in clause (ii) of this subparagraph and that meet the requirements specified in clause (iii), (iv), or (v), respectively, for being a promising, supported, or well-supported practice, shall be eligible for a Federal matching payment under section 474(a)(6)(A).

(ii) General practice requirements.—The general practice requirements specified in this clause are the following:

(I) The practice has a book, manual, or other available writings that specify the components of the practice protocol and describe how to administer the practice.

(II) There is no empirical basis suggesting that, compared to its likely benefits, the practice constitutes a risk of harm to those receiving it.

(III) If multiple outcome studies have been conducted, the overall weight of evidence supports the benefits of the practice.

(IV) Outcome measures are reliable and valid, and are administrated consistently and accurately across all those receiving the practice.

(V) There is no case data suggesting a risk of harm that was probably caused by the treatment and that was severe or frequent.

(iii) Promising practice.—A practice shall be considered to be a “promising practice” if the practice is superior to an appropriate comparison practice using conventional standards of statistical significance (in terms of demonstrated meaningful improvements in validated measures of important child and parent outcomes, such as mental health, substance abuse, and child safety and well-being), as established by the results or outcomes of at least one study that—

(I) was rated by an independent systematic review for the quality of the study design and execution and determined to be well-designed and well-executed; and

(II) utilized some form of control (such as an untreated group, a placebo group, or a wait list study).

(iv) Supported practice.—A practice shall be considered to be a “supported practice” if—

(I) the practice is superior to an appropriate comparison practice using conventional standards of statistical significance (in terms of demonstrated meaningful improvements in validated measures of important child and parent outcomes, such as mental health, substance abuse, and child safety and well-being), as established by the results or outcomes of at least one study that—

(aa) was rated by an independent systematic review for the quality of the study design and execution and determined to be well-designed and well-executed;

(bb) was a rigorous random-controlled trial (or, if not available, a study using a rigorous quasi-experimental research design); and

(cc) was carried out in a usual care or practice setting; and

(II) the study described in subclause (I) established that the practice has a sustained effect (when compared to a control group) for at least 6 months beyond the end of the treatment.

(v) Well-supported practice.—A practice shall be considered to be a “well-supported practice” if—

(I) the practice is superior to an appropriate comparison practice using conventional standards of statistical significance (in terms of demonstrated meaningful improvements in validated measures of important child and parent outcomes, such as mental health, substance abuse, and child safety and well-being), as established by the results or outcomes of at least two studies that—

(aa) were rated by an independent systematic review for the quality of the study design and execution and determined to be well-designed and well-executed;

(bb) were rigorous random-controlled trials (or, if not available, studies using a rigorous quasi-experimental research design); and

(cc) were carried out in a usual care or practice setting; and

(II) at least one of the studies described in subclause (I) established that the practice has a sustained effect (when compared to a control group) for at least 1 year beyond the end of treatment.

(D)Guidance on practices criteria and preapproved services and programs.—

(i) In general.—Not later than October 1, 2018, the Secretary shall issue guidance to States regarding the practices criteria required for services or programs to satisfy the requirements of subparagraph (C). The guidance shall include a pre-approved list of services and programs that satisfy the requirements.

(ii) Updates.—The Secretary shall issue updates to the guidance required by clause (i) as often as the Secretary determines necessary.

(E) Outcome assessment and reporting.—The State shall collect and report to the Secretary the following information with respect to each child for whom, or on whose behalf mental health and substance abuse prevention and treatment services or in-home parent skill-based programs are provided during a 12-month period beginning on the date the child is determined by the State to be a child described in paragraph (2):

(i) The specific services or programs provided and the total expenditures for each of the services or programs.

(ii) The duration of the services or programs provided.

(iii) In the case of a child described in paragraph (2)(A), the child’s placement status at the beginning, and at the end, of the 1-year period, respectively, and whether the child entered foster care within 2 years after being determined a candidate for foster care.

(5)State plan component.—

(A) Iin general.—A State electing to provide services or programs specified in paragraph (1) shall submit as part of the State plan required by subsection (a) a prevention services and programs plan component that meets the requirements of subparagraph (B).

(B) Prevention services and programs plan component.— In order to meet the requirements of this subparagraph, a prevention services and programs plan component, with respect to each 5-year period for which the plan component is in operation in the State, shall include the following:

(i) How providing services and programs specified in paragraph (1) is expected to improve specific outcomes for children and families.

(ii) How the State will monitor and oversee the safety of children who receive services and programs specified in paragraph (1), including through periodic risk assessments throughout the period in which the services and programs are provided on behalf of a child and reexamination of the prevention plan maintained for the child under paragraph (4) for the provision of the services or programs if the State determines the risk of the child entering foster care remains high despite the provision of the services or programs.

(iii) With respect to the services and programs specified in subparagraphs (A) and (B) of paragraph (1), information on the specific promising, supported, or well-supported practices the State plans to use to provide the services or programs, including a description of—

(I) the services or programs and whether the practices used are promising, supported, or well-supported;

(II) how the State plans to implement the services or programs, including how implementation of the services or programs will be continuously monitored to ensure fidelity to the practice model and to determine outcomes achieved and how information learned from the monitoring will be used to refine and improve practices;

(III) how the State selected the services or programs;

(IV) the target population for the services or programs; and

(V) how each service or program provided will be evaluated through a well-designed and rigorous process, which may consist of an ongoing, cross-site evaluation approved by the Secretary.

(iv) A description of the consultation that the State agencies responsible for administering the State plans under this part and part B engage in with other State agencies responsible for administering health programs, including mental health and substance abuse prevention and treatment services, and with other public and private agencies with experience in administering child and family services, including community-based organizations, in order to foster a continuum of care for children described in paragraph (2) and their parents or kin caregivers.

(v) A description of how the State shall assess children and their parents or kin caregivers to determine eligibility for services or programs specified in paragraph (1).

(vi) A description of how the services or programs specified in paragraph (1) that are provided for or on behalf of a child and the parents or kin caregivers of the child will be coordinated with other child and family services provided to the child and the parents or kin caregivers of the child under the State plans in effect under subparts 1 and 2 of part B.

(vii) Descriptions of steps the State is taking to support and enhance a competent, skilled, and professional child welfare workforce to deliver trauma-informed and evidence-based services, including—

(I) ensuring that staff is qualified to provide services or programs that are consistent with the promising, supported, or well-supported practice models selected; and

(II) developing appropriate prevention plans, and conducting the risk assessments required under clause (iii).

(viii) A description of how the State will provide training and support for caseworkers in assessing what children and their families need, connecting to the families served, knowing how to access and deliver the needed trauma-informed and evidence-based services, and overseeing and evaluating the continuing appropriateness of the services.

(ix) A description of how caseload size and type for prevention caseworkers will be determined, managed, and overseen.

(x) An assurance that the State will report to the Secretary such information and data as the Secretary may require with respect to the provision of services and programs specified in paragraph (1), including information and data necessary to determine the performance measures for the State under paragraph (6) and compliance with paragraph (7).

(C)Reimbursement for services under the prevention plan component.—

(i) Limitation.—Except as provided in subclause (ii), a State may not receive a Federal payment under this part for a given promising, supported, or well-supported practice unless (in accordance with subparagraph (B)(iii)(V)) the plan includes a well-designed and rigorous evaluation strategy for that practice.

(ii) Waiver of limitation.—The Secretary may waive the requirement for a well-designed and rigorous evaluation of any well-supported practice if the Secretary deems the evidence of the effectiveness of the practice to be compelling and the State meets the continuous quality improvement requirements included in subparagraph (B)(iii)(II) with regard to the practice.

(6)Prevention services measures.—

(A) Establishment; annual updates.—Beginning with fiscal year 2021, and annually thereafter, the Secretary shall establish the following prevention services measures based on information and data reported by States that elect to provide services and programs specified in paragraph (1):

(i) Percentage of candidates for foster care who do not enter foster care.—The percentage of candidates for foster care for whom, or on whose behalf, the services or programs are provided who do not enter foster care, including those placed with a kin caregiver outside of foster care, during the 12-month period in which the services or programs are provided and through the end of the succeeding 12-month period.

(ii) Per-child spending.—The total amount of expenditures made for mental health and substance abuse prevention and treatment services or in-home parent skill-based programs, respectively, for, or on behalf of, each child described in paragraph (2).

(B) Data.—The Secretary shall establish and annually update the prevention services measures—

(i) based on the median State values of the information reported under each clause of subparagraph (A) for the 3 then most recent years; and

(ii) taking into account State differences in the price levels of consumption goods and services using the most recent regional price parities published by the Bureau of Economic Analysis of the Department of Commerce or such other data as the Secretary determines appropriate.

(C) Publication of state prevention services measures.—The Secretary shall annually make available to the public the prevention services measures of each State.

(7)Maintenance of effort for state foster care prevention expenditures.—

(A) In general.—If a State elects to provide services and programs specified in paragraph (1) for a fiscal year, the State foster care prevention expenditures for the fiscal year shall not be less than the amount of the expenditures for fiscal year 2014 (or, at the option of a State described in subparagraph (E), fiscal year 2015 or fiscal year 2016 (whichever the State elects)).

(B) State foster care prevention expenditures.—The term “State foster care prevention expenditures” means the following:

(i) TANF; iv–b; ssbg.— State expenditures for foster care prevention services and activities under the State program funded under part A (including from amounts made available by the Federal Government), under the State plan developed under part B (including any such amounts), or under the Social Services Block Grant Programs under subtitle A of title XX (including any such amounts).

(ii) Other state programs.—State expenditures for foster care prevention services and activities under any State program that is not described in clause (i) (other than any State expenditures for foster care prevention services and activities under the State program under this part (including under a waiver of the program)).

(C) State expenditures.—The term “State expenditures” means all State or local funds that are expended by the State or a local agency including State or local funds that are matched or reimbursed by the Federal Government and State or local funds that are not matched or reimbursed by the Federal Government.

(D) Determination of prevention services and activities.—The Secretary shall require each State that elects to provide services and programs specified in paragraph (1) to report the expenditures specified in subparagraph (B) for fiscal year 2014 and for such fiscal years thereafter as are necessary to determine whether the State is complying with the maintenance of effort requirement in subparagraph (A). The Secretary shall specify the specific services and activities under each program referred to in subparagraph (B) that are ‘prevention services and activities’ for purposes of the reports.

(E) State described.—For purposes of subparagraph (A), a State is described in this subparagraph if the population of children in the State in 2014 was less than 200,000 (as determined by the United States Census Bureau).

(8) Prohibition against use of state foster care prevention expenditures and federal iv–e prevention funds for matching or expenditure requirement.—A State that elects to provide services and programs specified in paragraph (1) shall not use any State foster care prevention expenditures for a fiscal year for the State share of expenditures under section 474(a)(6)for a fiscal year.

(9) Administrative costs.—Expenditures described in section 474(a)(6)(B)—

(A) shall not be eligible for payment under subparagraph (A), (B), or (E) of section 474(a)(3); and

(B) shall be eligible for payment under section 474(a)(6)(B) without regard to whether the expenditures are incurred on behalf of a child who is, or is potentially, eligible for foster care maintenance payments under this part.

(10)Application.—

(A) In general.—The provision of services or programs under this subsection to or on behalf of a child described in paragraph (2) shall not be considered to be receipt of aid or assistance under the State plan under this part for purposes of eligibility for any other program established under this Act, nor shall the provision of such services or programs be construed to permit the State to reduce medical or other assistance available to a recipient of such services or programs.[295]

(B) Candidates in kinship care.—A child described in paragraph (2) for whom such services or programs under this subsection are provided for more than 6 months while in the home of a kin caregiver, and who would satisfy the AFDC eligibility requirement of section 472(a)(3)(A)(ii)(II)but for residing in the home of the caregiver for more than 6 months, is deemed to satisfy that requirement for purposes of determining whether the child is eligible for foster care maintenance payments under section 472.

(C)[296] Payer of last resort.—In carrying out its responsibilities to ensure access to services or programs under this subsection, the State agency shall not be considered to be a legally liable third party for purposes of satisfying a financial commitment for the cost of providing such services or programs with respect to any individual for whom such cost would have been paid for from another public or private source but for the enactment of this subsection (except that whenever considered necessary to prevent a delay in the receipt of appropriate early intervention services by a child or family in a timely fashion, funds provided under section 474(a)(6) may be used to pay the provider of services or programs pending reimbursement from the public or private source that has ultimate responsibility for the payment).


[272]  See Vol. II, P.L. 110-351, §503, with respect to prohibition of Federal funding to unlawfully present individuals.

[273]  P.L. 115–123 §50711(a)(1) struck “and” and all that followed through the semicolon and inserted “, adoption assistance in accordance with section 473, and, at the option of the State, services or programs specified in subsection (e)(1) of this section for children who are candidates for foster care or who are pregnant or parenting foster youth and the parents or kin caregivers of the children, in accordance with the requirements of that subsection;”. Effective February 9, 2018.

[274]  P.L. 115–165, §103(a)(2), inserted “the program established by Title II.” as a conforming amendment following insertion of 205(j)(11).

[275]  P.L. 113-183, §101, amended to add subparagraph (C) effective September 29, 2014.

[276]  P.L. 113-183, §101, amended to replace subparagraph (10). effective September 29, 2014

[277]  See Vol. II, 18 U.S.C. 1111(a).

[278]  See Vol. II, 18 U.S.C. 1112(a).

[279]  See Vol. II, 28 U.S.C. 534 (e)(3)(A).

[280]  P.L. 115–123 §50745(b) struck “section 534(e)(3)(A)” and inserted “section 534 (f)(3)(A)”. Effective October 1, 2018.

[281]  P.L. 115–123, §50745(a)(1), struck “and” after the semicolon. Effective October 1, 2018.

[282]  P.L. 115–123, §50745(a)(2), struck “and” after the semicolon. Effective October 1, 2018.

[283]  P.L. 115–123, §50745(a)(3), inserted “and” after the semicolon. Effective October 1, 2018.

P.L. 115–123, §50745(b), struck “section 534(e)(3)(A)” and inserted “section 534 (f)(3)(A)”. Effective October 1, 2018.

[284]  P.L. 115–123, §50745(a)(3), inserted subparagraph (D). Effective October 1, 2018.

[285]  P.L. 113-183, §111, added subparagraph (24), effective September 29, 2014. See Vol. II, P.L. 113–183, §111(a)(3), with respect to requirement for HHS to provide technical assistance to the states.

[286]  P.L. 115–123 §50722(a-b) struck “provide” and inserted “provides” and inserted “, which, in the case of a State other than the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, or American Samoa, not later than October 1, 2027, shall include the use of an electronic interstate case-processing system” before the first semicolon. Effective February 9, 2018.

[287]  P.L. 113–183 §209; replaced “all adult grandparents” with “ the following relatives: all adult grandparents, all parents of a sibling of the child, where such parent has legal custody of such sibling”. Effective September 29, 2014.

[288]  See Vol. II, P.L. 110-351, §301(d), with respect to rules of construction and §301(e), with respect to regulations.

[289]  P.L 115–123 §50731(b)(1) struck “and” after the semicolon. Effective February 9, 2018.

[290]  P.L 115–123 §50731(b)(2) struck the period and inserted a semicolon. Effective October 1, 2018.

[291]  P.L 115–123, §50731(b)(3), added paragraph (36). Effective October 1, 2018.

[292]  P.L. 115–123, §50741(d), added paragraph (37). Effective February 9, 2018.

[293]  P.L. 115–123, §50711(a)(2), added subsection (e). Effective February 9, 2018.

[294]  See Vol. II., P.L. 115–271, §8083, for support available for services and programs specified under this subparagraph.

[295]  P.L. 115–271, §8082(b), inserted “, nor shall the provision of such services or programs be construed to permit the State to reduce medical or other assistance available to a recipient of such services or programs” after “under this Act”. Effective February 9, 2018.

[296]  P.L. 115–271, §8082(b)(2), added new subparagraph (C). Effective February 9, 2018.

Civil Rights 0

(a)Requisite features of State planIn order for a State to be eligible for payments under this part, it shall have a plan approved by the Secretary which—
(1)provides for foster care maintenance payments in accordance with section 672 of this title, adoption assistance in accordance with section 673 of this title, and, at the option of the State, services or programs specified in subsection (e)(1) of this section for children who are candidates for foster care or who are pregnant or parenting foster youth and the parents or kin caregivers of the children, in accordance with the requirements of that subsection;
(2)provides that the State agency responsible for administering the program authorized by subpart 1 of part B of this subchapter shall administer, or supervise the administration of, the program authorized by this part;
(3)provides that the plan shall be in effect in all political subdivisions of the State, and, if administered by them, be mandatory upon them;
(4)provides that the State shall assure that the programs at the local level assisted under this part will be coordinated with the programs at the State or local level assisted under parts A and B of this subchapter, under division A [1] of subchapter XX of this chapter, and under any other appropriate provision of Federal law;
(5)provides that the State will, in the administration of its programs under this part, use such methods relating to the establishment and maintenance of personnel standards on a merit basis as are found by the Secretary to be necessary for the proper and efficient operation of the programs, except that the Secretary shall exercise no authority with respect to the selection, tenure of office, or compensation of any individual employed in accordance with such methods;
(6)provides that the State agency referred to in paragraph (2) (hereinafter in this part referred to as the “State agency”) will make such reports, in such form and containing such information as the Secretary may from time to time require, and comply with such provisions as the Secretary may from time to time find necessary to assure the correctness and verification of such reports;
(7)provides that the State agency will monitor and conduct periodic evaluations of activities carried out under this part;
(8)subject to subsection (c), provides safeguards which restrict the use of or disclosure of information concerning individuals assisted under the State plan to purposes directly connected with (A) the administration of the plan of the State approved under this part, the plan or program of the State under part A, B, or D of this subchapter or under subchapter I, V, X, XIV, XVI (as in effect in Puerto Rico, Guam, and the Virgin Islands), XIX, or XX, the program established by subchapter II, or the supplemental security income program established by subchapter XVI, (B) any investigation, prosecution, or criminal or civil proceeding, conducted in connection with the administration of any such plan or program, (C) the administration of any other Federal or federally assisted program which provides assistance, in cash or in kind, or services, directly to individuals on the basis of need, (D) any audit or similar activity conducted in connection with the administration of any such plan or program by any governmental agency which is authorized by law to conduct such audit or activity, and (E) reporting and providing information pursuant to paragraph (9) to appropriate authorities with respect to known or suspected child abuse or neglect; and the safeguards so provided shall prohibit disclosure, to any committee or legislative body (other than an agency referred to in clause (D) with respect to an activity referred to in such clause), of any information which identifies by name or address any such applicant or recipient; except that nothing contained herein shall preclude a State from providing standards which restrict disclosures to purposes more limited than those specified herein, or which, in the case of adoptions, prevent disclosure entirely;

Source: 42 U.S. Code § 671 – State plan for foster care and adoption assistance | U.S. Code | US Law | LII / Legal Information Institute

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Case Law, Forms 0

In the early 1970s, however, many scholars accepted that “life, liberty or property” was directly affected by state action, and wanted these concepts to be broadly interpreted. Two Supreme Court cases involved teachers at state colleges whose contracts of employment had not been renewed as they expected, because of some political positions they had taken. Were they entitled to a hearing before they could be treated in this way? Previously, a state job was a “privilege” and the answer to this question was an emphatic “No!” Now, the Court decided that whether either of the two teachers had “property” would depend in each instance on whether persons in their position, under state law, held some form of tenure. One teacher had just been on a short term contract; because he served “at will” — without any state law claim or expectation to continuation — he had no “entitlement” once his contract expired. The other teacher worked under a longer-term arrangement that school officials seemed to have encouraged him to regard as a continuing one. This could create an “entitlement,” the Court said; the expectation need not be based on a statute, and an established custom of treating instructors who had taught for X years as having tenure could be shown. While, thus, some law-based relationship or expectation of continuation had to be shown before a federal court would say that process was “due,” constitutional “property” was no longer just what the common law called “property”; it now included any legal relationship with the state that state law regarded as in some sense an “entitlement” of the citizen. Licenses, government jobs protected by civil service, or places on the welfare rolls were all defined by state laws as relations the citizen was entitled to keep until there was some reason to take them away, and therefore process was due before they could be taken away. This restated the formal “right/privilege” idea, but did so in a way that recognized the new dependency of citizens on relations with government, the “new property” as one scholar influentially called it.

When process is due
In its early decisions, the Supreme Court seemed to indicate that when only property rights were at stake (and particularly if there was some demonstrable urgency for public action) necessary hearings could be postponed to follow provisional, even irreversible, government action. This presumption changed in 1970 with the decision in Goldberg v. Kelly, a case arising out of a state-administered welfare program. The Court found that before a state terminates a welfare recipient’s benefits, the state must provide a full hearing before a hearing officer, finding that the Due Process Clause required such a hearing.

What procedures are due
Just as cases have interpreted when to apply due process, others have determined the sorts of procedures which are constitutionally due. This is a question that has to be answered for criminal trials (where the Bill of Rights provides many explicit answers), for civil trials (where the long history of English practice provides some landmarks), and for administrative proceedings, which did not appear on the legal landscape until a century or so after the Due Process Clause was first adopted. Because there are the fewest landmarks, the administrative cases present the hardest issues, and these are the ones we will discuss.

The Goldberg Court answered this question by holding that the state must provide a hearing before an impartial judicial officer, the right to an attorney’s help, the right to present evidence and argument orally, the chance to examine all materials that would be relied on or to confront and cross-examine adverse witnesses, or a decision limited to the record thus made and explained in an opinion. The Court’s basis for this elaborate holding seems to have some roots in the incorporation doctrine.

Many argued that the Goldberg standards were too broad, and in subsequent years, the Supreme Court adopted a more discriminating approach. Process was “due” to the student suspended for ten days, as to the doctor deprived of his license to practice medicine or the person accused of being a security risk; yet the difference in seriousness of the outcomes, of the charges, and of the institutions involved made it clear there could be no list of procedures that were always “due.” What the Constitution required would inevitably be dependent on the situation. What process is “due” is a question to which there cannot be a single answer.

A successor case to Goldberg, Mathews v. Eldridge, tried instead to define a method by which due process questions could be successfully presented by lawyers and answered by courts. The approach it defined has remained the Court’s preferred method for resolving questions over what process is due. Mathews attempted to define how judges should ask about constitutionally required procedures. The Court said three factors had to be analyzed:

First, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and finally, the Government’s interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail.
Using these factors, the Court first found the private interest here less significant than in Goldberg. A person who is arguably disabled but provisionally denied disability benefits, it said, is more likely to be able to find other “potential sources of temporary income” than a person who is arguably impoverished but provisionally denied welfare assistance. Respecting the second, it found the risk of error in using written procedures for the initial judgment to be low, and unlikely to be significantly reduced by adding oral or confrontational procedures of the Goldberg variety. It reasoned that disputes over eligibility for disability insurance typically concern one’s medical condition, which could be decided, at least provisionally, on the basis of documentary submissions; it was impressed that Eldridge had full access to the agency’s files, and the opportunity to submit in writing any further material he wished. Finally, the Court now attached more importance than the Goldberg Court had to the government’s claims for efficiency. In particular, the Court assumed (as the Goldberg Court had not) that “resources available for any particular program of social welfare are not unlimited.” Thus additional administrative costs for suspension hearings and payments while those hearings were awaiting resolution to persons ultimately found undeserving of benefits would subtract from the amounts available to pay benefits for those undoubtedly eligible to participate in the program. The Court also gave some weight to the “good-faith judgments” of the plan administrators what appropriate consideration of the claims of applicants would entail.

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This form is required to be completed prior to suing CPS, in most states you must wait 60 days before filing your lawsuit  after filing this with your states attorney general Office of Risk Management.

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Child Fatality Review #05-29
Region 1
Spokane Office
Case Overview
This six-year-old Caucasian male died in the Spokane area on December 7, 2005 from a gunshot
wound to his head.
On the evening of December 6, 2005, at approximately 5:00 p.m., an eleven-year-old reportedly
shot his younger brother, age six. They were at their home alone when the eleven-year-old shot
the six-year-old in the head with his father’s gun. The six-year-old was airlifted to the hospital
where he died the next morning.
The parents did not adequately provide supervision for their children. This was a recurring theme
in several previous referrals. Child Protective Services (CPS) had received a total of 12 referrals
regarding this family.
The parents were offered substance abuse evaluations and marital counseling following the first
referral received by CPS in May 2001. The parents refused to participate in these services. In
January 2002, substance abuse evaluations were offered again following a new investigation by
CPS. The father complied and was diagnosed as alcohol dependent with recommendations for
intensive outpatient treatment and community support groups. The mother also completed an
evaluation and was diagnosed as alcohol and cannabis dependent. She was recommended to
participate with intensive outpatient treatment and sexual assault counseling. Neither of the
parents followed through with the treatment recommendations.
The siblings were also referred to individual counseling because of reports that they were
engaged in sexualized behavior. There was not an opening available when the referral was made.
The counseling center only had one counselor available in the parents’ community. Due to a
possible conflict of interest, at least one of the children would need to participate in counseling in
Spokane. The parents stated this posed a hardship due to their hours of employment and
transportation issues.
In March 2002, a referral was received for Sexually Aggressive Youth (SAY) treatment for the
older boy. The Spokane County Prosecutor made the request for services. The parents did not
respond to the services offered for their oldest son.
In February 2003, following a protective placement by Law Enforcement, the assigned social
worker attempted to engage the parent’s in intensive outpatient treatment, counseling, and
counseling for their children. For five months the parents failed to follow through with any
services.
In February of 2003, the older brother was placed in a behavioral intervention classroom and the
decedent was accepted in a pre-school through the school district. The school provided the
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transportation for pre-school. The school counselor contacted the parents to offer school based
mental health services to the children. The parents refused to allow the children to participate.
Several referrals were received in 2005 that required CPS investigation. The father had agreed to
a voluntary service plan that included Family Preservation services (FPS), counseling for the
older children, as well as appropriate childcare whenever the father was not home. The father
quit participating after three contacts by the FPS provider. The FPS provider reports that she
addressed gun safety at a meeting with the family on July 9, 2005. The father said that all of his
guns were locked up and he wouldn’t allow his oldest son to have a gun because he hadn’t
completed a gun safety course. The FPS provider also identified childcare resources for the
father. He never arranged for the children’s counseling and did not have adequate supervision for
the children on the day the shooting occurred.
On September 29, 2005, a Child Protection Team (CPT) recommended that the children remain
in the home. The team expressed concerns for the children’s safety and suggested that the
Department staff the case with an Assistant Attorney General (AAG) and the father should get a
substance abuse evaluation. According to the Social Worker, the AAG said that there was not
sufficient information to pursue a dependency petition.
On November 1, 2005, the school reported to CPS that the oldest boy smelled of alcohol at
school. They had reports that the children use alcohol and drugs at home and that the daughter
had pulled knives and pellet guns on the boys. CPS investigated these allegations, which were
founded for negligent treatment. The school helped develop a safety plan for the children to be
supervised by a friend’s parents after school.
On November 2, 2005 CPS received an informational report that the daughter had snorted
oxycontin.
On December 7, 2005, CPS received information that the youngest boy had been shot by his
older brother and died.
A safety plan was implemented in the father’s home immediately after the child’s death.
However, both siblings were informally placed shortly thereafter. The older daughter was placed
with a relative and her brother was placed with a friend of the father’s. A dependency on the two
children was granted in March, 2006. The brother is currently in a BRS placement and the
daughter is in a foster home.

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Child Fatality Review #05-19
Region 4
Office of African-American Children’s Services
Case Overview
This two-month-old African American female died on August 15, 2005 due to Sudden Infant
Death Syndrome (SIDS).
Children’s Administration received a call from the King County Medical Examiner reporting the
death of a child, age two months. The family has Child Protective Services (CPS) history and an
active case. Other children remained in the home at the time. It was stated that the twins slept
with the mother in her bed. The mother woke to feed the babies at 4:30 a.m., and they all went
back to sleep. At 9:30 a.m., the mother was awakened by the cries of the other twin. At that
time, she found the decedent face down lying next to her and unresponsive. She called out for
help, and an aunt came in and began cardiopulmonary resuscitation (CPR). Medics responded
and did not attempt resuscitation as the decedent was found to be “down too long.” The decedent
had no signs of external trauma. The mother appeared appropriate and did not seem to be under
the influence of drugs or alcohol.
The cause of death is SIDS per the King County Medical Examiner, confirmed December 21,
2005.
A safety plan was developed to ensure the safety of the other twin. The plan was an agreement
between the Division of Children and Family Services (DCFS) and the mother. The goal of the
agreement was to ensure the safety and well being of other twin. The safety plan included: 1)
The other twin was taken to the doctor. The mother was to follow up with all recommended
medical treatment. 2) The mother was to attend the August 31, 2005 intake at Therapeutic
Health Services (THS). 3) The maternal grandmother was to be the primary caretaker of the
twin until the cause of death is determined.

The mother had given birth to four children by two different fathers. The father of the two oldest
children, born December 18, 1993 and July 7, 1999, was the same. The twins, born on June 3,
2005, had a different father than the older children. There is no father named on their birth
certificates.
On December 3, 2002, CPS received a referral that was accepted for investigation for negligent
treatment/maltreatment and physical abuse. At that time, the three-year-old reported his father
punched him in the neck. Interviews with both of the children, the mother and father, and the
maternal grandmother occurred. At that time the mother was a client at THS. The investigation
was unfounded and explained as play wrestling between the father and son.
On May 6, 2003, CPS received an information only referral. The oldest child told an employee
at her school about an incident in a grocery store in which the mother was apparently intoxicated.
On August 18, 2003, CPS received a referral that was accepted for investigation for negligent
treatment/maltreatment. The oldest child called 911, and the mother was transported to
CFR #05-19 (AIRS 1303)
Region 4 – Office of African American Children’s Services
46
Harborview. The mother was partly conscious. She tested positive for “amphetamines, opiates,
benzos and methadone.” This investigation was founded. The third report in 2003 came on
October 10th and was accepted for investigation of physical abuse. The second oldest child said
his father hurt his ear. This was unfounded. There was one report in 2004 that was information
only dated July 8, 2004. During 2004, the family received two authorizations for Intensive
Family Preservation Services (IFPS). There were multiple instances in which the mother’s
behavior appeared to be drug-seeking.
The twins were born June 5, 2005. Swedish Hospital made a report to CPS on June 6th. This
report of negligent treatment/maltreatment was accepted for investigation. The mother tested
positive for methadone and opiates. Both babies also were drug positive, according to the
Service Episode Record (SER). The mother told the assigned CPS worker that the maternal
grandmother was taking care of the second oldest child at her home in Redmond, Oregon and
would soon have the oldest child there when school ended for the summer. The mother’s initial
plans were to live with the twins at a friend’s home, then move to public housing.
The mother left the hospital with the babies to live at an address in Seattle. The service plan with
CPS included at least one urinalysis and a referral to Child Haven for the twins. Soon after, the
mother and the twins left for a visit with the maternal grandmother and the other siblings in
Oregon. On August 15, 2005, the King County Medical Examiner contacted CPS to report the
death of this twin.
The surviving twin was subsequently hospitalized for medical testing. He was placed in foster
care on a Voluntary Placement Agreement (VPA), and then placed with a relative with a
dependency petition filed.
Court records document several incidents of domestic violence between the mother and the
father of the older children. There is a current No Contact Order that is in effect until August 20,
2006. There are no records concerning domestic violence between the mother and the father of
the twins.
Issues and Recommendations
I. Practice Issues
A. Issue: The importance of case history in helping to determine the case plan. It
appears that the assigned worker may not have carefully reviewed the case file before
deciding on a course of action. A review would have provided ample information
when the twins were born that the mother was continuing a several-year pattern of
abuse of pain killers while marginally participating in a Methadone maintenance
program. With that information in hand, it may have been clearer that legal action
would be warranted.
Recommendation: Read the case file and if it is not physically in the office, read it
on-line.
CFR #05-19 (AIRS 1303)
Region 4 – Office of African American Children’s Services
47
B. Issue: Using Voluntary Services Plans when parents have known substance abuse
issues. Workers want to provide reasonable efforts and services to prevent placement
and legal intervention. On the other hand, voluntary plans may not be effective with
substance-abusing clients who are in denial.
Recommendation: Voluntary plans, if used at all, need to be for very short time
frames, such as thirty days. Compliance should be very closely monitored.

C. Issue: Using Family Preservation Services (FPS) or IFPS when a parent is not clean
and sober. This family actually received two authorizations for IFPS. The substance
abuse issues continued throughout both episodes.
Recommendation: Preservation services should not be employed when a parent is
using. The goals cannot be met and the safety of the children will not be enhanced.

D. Issue: Making referrals to the Public Health Nursing (PHN) Early Intervention
Program (EIP). In this case the hospital made a “regular” PHN referral, but the CPS
worker did not subsequently request an EIP PHN. Doing so means the PHN will
obtain consent for release of information and will provide the worker with written
progress reports.
Recommendation: Where available, request an EIP PHN for families with infants
and children under age three, or with any child that has medical issues

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Child Fatality Review #05-34
Region 3
Bellingham DCFS Office
This three-year-old Native American male was killed in October 8, 2005, when a car accidentally
rolled over him in a private driveway at the home of a third party.
Case Overview
The child’s family was homeless and the parents went to look at a fifth wheel trailer that was for
sale. When they arrived at the home, the parents turned off the motor, exited the car and left their
three sons (ages 8, 5, and 3) sleeping inside the car. The parents met with the owner of the fifth
wheel and were looking at it but were within sight of their children in the parked car
approximately 75 feet away. The parents heard the sound of crunching and responded
immediately. They attempted to lift the car tire off the child, called 911, moved the car and then
administered CPR. The child apparently got out of his car seat, out of the car and was run over in
the driveway after one of his siblings knocked the car out of gear. The investigating law
enforcement agency reported to CPS that they viewed this as an accident.
The family had prior history with Children’s Administration. The child’s mother was possibly a
victim of child abuse in her family when she was about sixteen. There is no prior CPS history on
the father.
The first referral concerning the family was received in 1997. An emergency room (ER)
physician made a CPS referral about the parents’ first born son who was then six months old.
The mother brought him to the ER with bruises and contusions on his face and head. The mother,
supported by her sister and her sister’s child, stated that the injuries occurred when the mother’s
three-year old niece climbed into the child’s crib and beat him with his bottle. This occurred
when the mother and her sister stepped out onto the porch for a few minutes. The child’s injuries
healed with no permanent effects. The case was closed after investigation with a finding of
Unfounded and with referrals for services for the three-year old niece.
The next time CPS became aware of this family was in 2000. The mother was pregnant with
their second son. While at the doctor’s office with her oldest child, the mother had been
admonished by the doctor for being impatient with him and “yanking” on his arm. There was no
injury. The mother was working with a public health nurse, who had never seen anything of
concern. The referral was taken as Information Only.
Two months later, the mother was in the hospital delivering her second son. Hospital staff called
CPS to report that the father had physically abused the oldest child as they were leaving the
hospital. They observed the child crying for his mother and the father yanked him, screamed at
him and threw him to the ground while going to the car. The referent also reported the mother
claimed she had been physically assaulted by the father six months earlier. The father was
attending anger management classes because she reported the incident to police. The mother also
told the referent hat she used marijuana weekly during her recent pregnancy.
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The newborn did not test positive for drugs and he was allowed to go home with his parents. The
investigator learned that the father had been assessed and diagnosed with severe alcohol and
marijuana dependence, and methamphetamine dependence in remission. He was required to
attend chemical dependency treatment as a part of his domestic violence case and a Driving
under the Influence charge. He did not comply with treatment and was ordered to 15 days of inhome detention. The treatment facility report indicated that his prognosis for recovery was poor.
During the CPS investigation, a new CPS referral was made about the family. An anonymous
caller stated that the father was heard yelling, slamming doors, and “screaming obscenities,”
particularly at the oldest child. The investigator asked the mother to submit to a urinalysis for
drug use, but she refused. The parents refused to attend parenting classes, but the father did
complete 26 weeks of domestic violence counseling. After four months of working with the
family and offering services, the case was closed. Although the family’s engagement in services
was minimal, the department believed there was not sufficient basis to file a dependency petition.
The findings of the investigation were Unfounded.
The department heard nothing about the family until the spring of 2005. By that time the family
had three sons. The youngest son was born in 2001. The daycare provider expressed concern to
CPS about the oldest boy. He was reported to have been seen “slapping himself” and stated that
his parents “slapped him all the time.” He told the teacher that his parents “hate me and they hit
me.” The center had never seen evidence of physical abuse. The referral was screened as
Information Only.
The next referral was in October of 2005, when the department learned of the fatality.
Issues and Recommendations
Exceptional Social Work Practice
Most of the work on this case prior to the fatality was performed by the Bremerton DCFS
office in 2000. In a very comprehensive investigation that included many collateral
contacts, the social worker identified the risk factors the family presented and began the
process of establishing the children’s tribal identity once their Native American ancestry
was revealed. It turned out to be a lengthy process, not reaching completion until well
after the case was closed. Despite extensive efforts to engage the family, the social
worker was only partially successful in connecting the reluctant parents with services,
and the case was closed per policy. The active efforts made on this case, however, were
commendable.

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Child Fatality Review #05-25
Region 1
Spokane Office
Case Overview
This seven-year-old Caucasian male died in the home of his adoptive mother on January 13,
2005 due to “severe dehydration” as reported by the medical examiner. He weighed 28 pounds,
significantly below the fifth percentile for children his age at the time of his death.
The decedent was born on January 13, 1998. He was placed in foster care on April 5, 1998 due
to concerns of neglect by his biological mother. His biological father is a registered sex
offender. Although the department had concerns about the decedent’s biological mother’s drug
use, the decedent’s birth records indicate that he did not have drugs in his system at birth. He
was placed in his adoptive mother’s home on May 29, 1998, after a brief stay in another foster
home.
The decedent’s medical records indicate that he weighed 16 pounds on July 7, 1998, in the 50th
percentile for children his age. His biological mother relinquished her parental rights on
December 3, 1998. She agreed to an open adoption with his adoptive mother. He was adopted
on April 10, 2000.
Children’s Administration Division of Licensed Resources Child Abuse and Neglect Section
(DLR/CPS) investigated the circumstances surrounding the decedent’s death in conjunction with
Stevens County Sheriff’s office.
In the eleven months since the decedent’s death, there have been six new referrals alleging
physical abuse, negligent or maltreatment of other children who were placed in the adoptive
home prior to the decedent’s death. Several of the decedent’s adopted and foster siblings have
reported that the adoptive mother and her daughter physically abused them and withheld food
and water from them. These referrals were generated both by Department of Social and Health
Services (DSHS) staff and providers upon learning of new allegations of abuse and neglect in the
course of the investigation following the decedent’s death.
For a copy of the full report and case history please review the fatality report at:
http://www1.dshs.wa.gov/pdf/MR/DELEON-ECFR-Feb-2006.pdf

Foster Care 0

Here’s more proof that some CPS social workers don’t care at all about the children they pretend to protect. According to the lawsuit: Three girls were placed with a man known to CPS social workers as a cocaine addict. He was allowed to adopt one of the three girls. For ten years there were complaints […]

Source: Washington: Children Sue CPS For Allowing Them To Be Abused By Foster “Parent” – FightCPS: Child Protective Services-CPS-False Accusations

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Physical abuse, sexual abuse, neglect, and exploitation – in a foster home! We’re not surprised. Three children in Washington state were granted 7.3 million dollars in a lawsuit settlement by the Washington Department of Social and Health Services (DSHS). CPS social workers in Washington placed the children in the home of Enrique Fabregas, a foster […]

Source: Washington: Three foster children sued CPS and won 7.3 million dollars – FightCPS: Child Protective Services-CPS-False Accusations

Civil Rights 0

A mother accused of Munchausen Syndrome by Proxy sued and won 1.4 million taxpayer dollars because of incompetence and a rush to judgement by doctors and Kern County social services workers. Rather than checking a child’s medical records, the doctors decided that the mother of a girl with cystic fibrosis was over-medicating her. They removed […]

Source: California: 1.4 Million Settlement for Mom Accused of Munchausen Syndrome by Proxy – FightCPS: Child Protective Services-CPS-False Accusations

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