42 U.S.C. § 5101 — Office on Child Abuse and Neglect

Page 6299 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5101 Section 5091g, Pub. L. 93–113, title VII, § 708, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3176, directed that services and activities be carried out through arrangements or under contracts with certain entities. Section 5091h, Pub. L. 93–113, title VII, § 709, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3176, directed prescribing of standards for evaluating per- formance of projects. Section 5091i, Pub. L. 93–113, title VII, § 710, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3176, related to applications for grants. Section 5091j, Pub. L. 93–113, title VII, § 711, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3177, set forth criteria for selection of projects. Section 5091k, Pub. L. 93–113, title VII, § 712, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3177, authorized management and technical assistance for projects. Section 5091l, Pub. L. 93–113, title VII, § 713, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3178, defined terms for purposes of this subchapter. Section 5091m, Pub. L. 93–113, title VII, § 715, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3179; amended Pub. L. 102–10, § 10, Mar. 12, 1991, 105 Stat. 32, directed issuance of necessary regulations. Section 5091n, Pub. L. 93–113, title VII, § 716, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3179, authorized appropriations to carry out this subchapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Subchapter repealed effective Oct. 1, 1993, see section 392 of Pub. L. 103–82, set out as an Effective Date of 1993 Amendment note under section 4951 of this title. CHAPTER 67—CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION REFORM SUBCHAPTER I—GENERAL PROGRAM Sec. 5101. Office on Child Abuse and Neglect. 5102. Advisory board on child abuse and neglect. 5103. Repealed. 5104. National clearinghouse for information relat- ing to child abuse. 5105. Research and assistance activities. 5106. Grants to States, Indian tribes or tribal orga- nizations, and public or private agencies and organizations. 5106a. Grants to States for child abuse or neglect prevention and treatment programs. 5106a–1, 5106b. Repealed. 5106c. Grants to States for programs relating to in- vestigation and prosecution of child abuse and neglect cases. 5106d. Miscellaneous requirements relating to as- sistance. 5106e. Coordination of child abuse and neglect pro- grams. 5106f. Reports. 5106f–1. Report concerning voluntary reporting sys- tem. 5106g. Definitions. 5106h. Authorization of appropriations. 5106i. Rule of construction. 5107. Discretionary programs; authorization of ap- propriations. 5108. Monitoring and oversight. SUBCHAPTER II—ADOPTION OPPORTUNITIES 5111. Congressional findings and declaration of pur- pose. 5112. Repealed. 5113. Information and services. 5114. Study and report of unlicensed or unregulated adoption placements. 5115. Authorization of appropriations. Sec. 5115a. Repealed. SUBCHAPTER III—COMMUNITY–BASED GRANTS FOR THE PREVENTION OF CHILD ABUSE AND NEGLECT 5116. Purpose and authority. 5116a. Eligibility. 5116b. Amount of grant. 5116c. Repealed. 5116d. Application. 5116e. Local program requirements. 5116f. Performance measures. 5116g. National network for community-based fam- ily resource programs. 5116h. Definitions. 5116i. Authorization of appropriations. SUBCHAPTER IV—TEMPORARY CHILD CARE FOR CHILDREN WITH DISABILITIES AND CRISIS NURSERIES 5117 to 5117d. Repealed. SUBCHAPTER IV–A—ABANDONED INFANTS ASSISTANCE 5117aa to 5117aa–22. Repealed. SUBCHAPTER V—CERTAIN PREVENTIVE SERV- ICES REGARDING CHILDREN OF HOMELESS FAMILIES OR FAMILIES AT RISK OF HOME- LESSNESS 5118 to 5118e. Repealed. SUBCHAPTER VI—CHILD ABUSE CRIME INFORMATION AND BACKGROUND CHECKS 5119 to 5119c. Transferred. SUBCHAPTER I—GENERAL PROGRAM Editorial Notes CODIFICATION This subchapter is comprised of title I of the Child Abuse Prevention and Treatment Act, Pub. L. 93–247. Title II of that Act is classified to subchapter III (§ 5116 et seq.) of this chapter. § 5101. Office on Child Abuse and Neglect (a) Establishment The Secretary of Health and Human Services may establish an office to be known as the Of- fice on Child Abuse and Neglect. (b) Purpose The purpose of the Office established under subsection (a) shall be to execute and coordinate the functions and activities of this subchapter and subchapter III. In the event that such func- tions and activities are performed by another entity or entities within the Department of Health and Human Services, the Secretary shall ensure that such functions and activities are ex- ecuted with the necessary expertise and in a fully coordinated manner involving regular intradepartmental and interdepartmental con- sultation with all agencies involved in child abuse and neglect activities. (Pub. L. 93–247, title I, § 101, formerly § 2, Jan. 31, 1974, 88 Stat. 5; Pub. L. 93–644, § 8(d)(1), Jan. 4, 1975, 88 Stat. 2310; Pub. L. 95–266, title I, § 101, Apr. 24, 1978, 92 Stat. 205; Pub. L. 98–457, title I, § 101, Oct. 9, 1984, 98 Stat. 1749; Pub. L. 99–401, title I, § 103(a), Aug. 27, 1986, 100 Stat. 906; Pub. L. 100–294, title I, § 101, Apr. 25, 1988, 102 Stat. 103; renumbered title I, § 101, Pub. L. 101–126, § 3(a)(1), Page 6300 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5101 (2), Oct. 25, 1989, 103 Stat. 764; Pub. L. 104–235, title I, § 101, Oct. 3, 1996, 110 Stat. 3064.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–235 amended section generally, sub- stituting provisions relating to Office on Child Abuse and Neglect for provisions relating to National Center on Child Abuse and Neglect. 1988—Pub. L. 100–294 amended section generally, sub- stituting provisions relating to establishment, appoint- ment of Director, and other staff and resources of Na- tional Center on Child Abuse and Neglect for provisions relating to establishment, functions, grant and con- tract authority, staff and resource availability, and use of funds of National Center on Child Abuse and Neglect. See sections 5105 to 5106d of this title. 1986—Subsec. (b)(2). Pub. L. 99–401, § 103(a)(2), added par. (2). Former par. (2) redesignated (3). Subsec. (b)(3), (4). Pub. L. 99–401, § 103(a)(1), redesig- nated former pars. (2) and (3) as (3) and (4), respectively. Former par. (4) redesignated (6). Subsec. (b)(5). Pub. L. 99–401, § 103(a)(3), added par. (5). Former par. (5) redesignated (7). Subsec. (b)(6). Pub. L. 99–401, § 103(a)(1), redesignated former par. (4) as (6). Former par. (6) redesignated (8). Subsec. (b)(7). Pub. L. 99–401, § 103(a)(1), (4), redesig- nated former par. (5) as (7) and amended it generally, substituting ‘‘conduct research on the causes, preven- tion, identification, and treatment of child abuse and neglect, and on appropriate and effective investigative, administrative, and judicial procedures in cases of child abuse’’ for ‘‘conduct research into the causes of child abuse and neglect, and into the prevention, iden- tification, and treatment thereof’’. Former par. (7) re- designated (9). Subsec. (b)(8), (9). Pub. L. 99–401, § 103(a)(1), redesig- nated former pars. (6) and (7) as (8) and (9), respectively. Subsec. (b)(10). Pub. L. 99–401, § 103(a)(5), added par. (10). 1984—Subsec. (a). Pub. L. 98–457, § 101(a), substituted ‘‘Health and Human Services’’ for ‘‘Health, Education, and Welfare’’. Subsec. (b)(6). Pub. L. 98–457, § 101(b), amended par. (6) generally. Prior to amendment, par. (6) read as follows: ‘‘make a complete and full study and investigation of the national incidence of child abuse and neglect, in- cluding a determination of the extent to which inci- dents of child abuse and neglect are increasing in num- ber or severity; and’’. Subsec. (b)(7). Pub. L. 98–457, § 101(b), amended par. (7) generally. Prior to amendment, par. (7) read as follows: ‘‘in consultation with Federal agencies serving on the Advisory Board on Child Abuse and Neglect (estab- lished by section 5105 of this title), prepare a com- prehensive plan for seeking to bring about maximum coordination of the goals, objectives, and activities of all agencies and organizations which have responsibil- ities for programs and activities related to child abuse and neglect, and submit such plan to such Advisory Board not later than twelve months after April 24, 1978.’’ Subsec. (c). Pub. L. 98–457, § 101(c), substituted ‘‘The functions of the Secretary under subsection (b) of this section may be carried out’’ for ‘‘The Secretary may carry out his functions under subsection (b) of this sec- tion’’. Subsec. (e). Pub. L. 98–457, § 101(d), added subsec. (e). 1978—Subsec. (b). Pub. L. 95–266, § 101(1), in pars. (1) and (3) inserted requirement of dissemination of annual summary and training materials, respectively, and added par. (7). Subsec. (c). Pub. L. 95–266, § 101(2), inserted provisions relating to duration and review of grants under subsec. (b)(5) of this section. Subsec. (d). Pub. L. 95–266, § 101(3), added subsec. (d). 1975—Subsec. (c). Pub. L. 93–644 added subsec. (c). Statutory Notes and Related Subsidiaries SHORT TITLE OF 2024 AMENDMENT Pub. L. 118–193, § 1, Dec. 23, 2024, 138 Stat. 2662, pro- vided that: ‘‘This Act [amending section 5106 of this title] may be cited as the ‘Jenna Quinn Law’.’’ SHORT TITLE OF 2015 AMENDMENT Pub. L. 114—22, title VIII, § 801, May 29, 2015, 129 Stat. 263, provided that: ‘‘This title [amending sections 5106a and 5106g of this title, enacting provisions set out as a note under section 5106a of this title, and amending provisions set out as a note under this section] may be cited as the ‘Ensuring a Better Response for Victims of Child Sex Trafficking’.’’ SHORT TITLE OF 2010 AMENDMENT Pub. L. 111–320, § 1, Dec. 20, 2010, 124 Stat. 3459, pro- vided that: ‘‘This Act [enacting chapter 110 of this title, amending sections 3796gg, 5102, 5104 to 5106a, 5106c, 5106d, 5106f, 5106g to 5106i, 5111, 5113, 5115, 5116 to 5116b, 5116d to 5116i, 5117aa, 5117aa–21, 5117aa–22, 13925, and 14214 of this title, section 707 of Title 11, Bankruptcy, and section 1435 of Title 20, Education, enacting provi- sions set out as notes under this section, amending pro- visions set out as a note under this section, repealing provisions set out as a note under section 670 of this title, and omitting provisions set out as a note under section 10401 of this title] may be cited as the ‘CAPTA Reauthorization Act of 2010’.’’ SHORT TITLE OF 2003 AMENDMENT Pub. L. 108–36, § 1(a), June 25, 2003, 117 Stat. 800, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Keeping Children and Families Safe Act of 2003’.’’ SHORT TITLE OF 1996 AMENDMENT Pub. L. 104–235, § 1(a), Oct. 3, 1996, 110 Stat. 3063, pro- vided that: ‘‘This Act [enacting sections 5106i and 5116 to 5116i of this title, amending this section and sections 5102, 5104 to 5106, 5106a, 5106c to 5106f, 5106g to 5106i, 5111, 5113, 5115, 5777, 10402, 10403, 10409, 10603a, and 13004 of this title, repealing sections 5103, 5106b, 5117 to 5117d, 5118 to 5118e, 5778, and 11481 to 11489 of this title, amending provisions set out as notes under this section and section 670 of this title, and repealing provisions set out as notes under section 5117 of this title] may be cited as the ‘Child Abuse Prevention and Treatment Act Amendments of 1996’.’’ SHORT TITLE OF 1994 AMENDMENT For short title of subpart 1 of part E of title V of Pub. L. 103–381, which enacted section 5115a of this title, as the ‘‘Howard M. Metzenbaum Multiethnic Placement Act of 1994’’, see section 551 of Pub. L. 103–382, set out as a note under section 1305 of this title. SHORT TITLE OF 1992 AMENDMENT Pub. L. 102–295, § 1(a), May 28, 1992, 106 Stat. 187, pro- vided that: ‘‘This Act [enacting sections 5106f–1, 10414, and 10415 of this title, amending sections 5102, 5105, 5106, 5106a, 5106a–1, 5106c, 5106h, 5111, 5113, 5115, 5116, 5116b to 5116d, 5117c, 5117d, 5118e, 10401 to 10405, 10407 to 10410, 10412, and 10413 of this title, repealing section 5112 of this title, and enacting provisions set out as notes under this section and sections 5106a, 5106h, 5117, 10401, and 10402 of this title] may be cited as the ‘Child Abuse, Domestic Violence, Adoption and Family Services Act of 1992’.’’ SHORT TITLE OF 1991 AMENDMENT Pub. L. 102–236, § 1, Dec. 12, 1991, 105 Stat. 1812, pro- vided that: ‘‘This Act [amending sections 5117aa to 5117aa–12 and 5117aa–22 of this title and provisions set out as a note under section 623 of Title 29, Labor] may be cited as the ‘Abandoned Infants Assistance Act Amendments of 1991’.’’ Page 6301 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5101 SHORT TITLE OF 1989 AMENDMENT Pub. L. 101–126, § 1, Oct. 25, 1989, 103 Stat. 764, provided that: ‘‘This Act [amending this section and sections 5102 to 5106h and 5116 to 5116g of this title and enacting provisions set out as notes under section 5102 and 5116b of this title] may be cited as the ‘Child Abuse Preven- tion Challenge Grants Reauthorization Act of 1989’.’’ SHORT TITLE OF 1988 AMENDMENT Pub. L. 100–294, § 1, Apr. 25, 1988, 102 Stat. 102, provided that: ‘‘This Act [enacting sections 5106a to 5106h and 10413 of this title, amending this section and sections 5102 to 5106, 5113, 5115, 10402, 10409, and 10410 of this title, repealing section 10411 of this title, and enacting provi- sions set out as notes under this section and section 5105 of this title] may be referred to as the ‘Child Abuse Prevention, Adoption, and Family Services Act of 1988’.’’ SHORT TITLE OF 1986 AMENDMENT Pub. L. 99–401, § 1, Aug. 27, 1986, 100 Stat. 903, provided that: ‘‘This Act [enacting subchapter IV of this chapter and section 10603a of this title, amending this section and sections 290dd–3, 290ee–3, 5103, 5105, 10601, and 10603 of this title, and enacting provisions set out as notes under this section and section 5117 of this title] may be cited as the ‘Children’s Justice and Assistance Act of 1986’.’’ Pub. L. 99–401, title I, § 101, Aug. 27, 1986, 100 Stat. 903, provided that: ‘‘This title [enacting section 10603a of this title, amending this section and sections 290dd–3, 290ee–3, 5103, 5105, 10601, and 10603 of this title, and en- acting provisions set out as notes under this section] may be cited as the ‘Children’s Justice Act’.’’ SHORT TITLE OF 1984 AMENDMENT Pub. L. 98–457, § 1, Oct. 9, 1984, 98 Stat. 1749, provided: ‘‘That this Act [enacting chapter 110 of this title, amending this section and sections 5102 to 5106, 5111 to 5113, and 5115 of this title, and enacting provisions set out as notes under this section and sections 5102, 5103, and 10401 of this title] may be cited as the ‘Child Abuse Amendments of 1984’.’’ SHORT TITLE OF 1978 AMENDMENT Pub. L. 95–266, § 1, Apr. 24, 1978, 92 Stat. 205, provided: ‘‘That this Act [enacting subchapter II of this chapter and amending this section and sections 5102 to 5105 of this title] may be cited as the ‘Child Abuse Prevention and Treatment and Adoption Reform Act of 1978’.’’ SHORT TITLE Pub. L. 93–247, § 1(a), formerly § 1, Jan. 31, 1974, 88 Stat. 4, as renumbered § 1(a) and amended by Pub. L. 100–294, title I, § 101, Apr. 25, 1988, 102 Stat. 102, provided that: ‘‘This Act [enacting this subchapter and sub- chapters III and V of this chapter] may be cited as the ‘Child Abuse Prevention and Treatment Act’.’’ For short title of title II of Pub. L. 99–401, which en- acted subchapter IV of this chapter, as the ‘‘Temporary Child Care for Handicapped Children and Crisis Nurs- eries Act of 1986’’, see section 201 of Pub. L. 99–401, for- merly set out as a note under section 5117 of this title. Pub. L. 100–505, § 1, Oct. 18, 1988, 102 Stat. 2533, which provided that Pub. L. 100–505, enacting subchapter IV–A of this chapter and provisions formerly set out as a note under section 670 of this title, could be cited as the ‘‘Abandoned Infants Assistance Act of 1988’’, was re- pealed by Pub. L. 115–271, title VII, § 7065(b), Oct. 24, 2018, 132 Stat. 4028. REGULATIONS Pub. L. 100–294, title IV, § 401(a), Apr. 25, 1988, 102 Stat. 126, provided that: ‘‘For any rule or regulation needed to implement this Act [see Short Title of 1988 Amend- ment note above], the Secretary of Health and Human Services shall— ‘‘(1) publish proposed regulations for purposes of implementing the amendments made by this Act be- fore the expiration of the 90-day period beginning on the date of the enactment of this Act [Apr. 25, 1988]; ‘‘(2) allow not less than 45 days for public comment on such proposed regulations; and ‘‘(3) publish final regulations for purposes of imple- menting the amendments made by this Act before the end of the 195-day period beginning on the date of the enactment of this Act.’’ CONSTRUCTION OF CHILD ABUSE AMENDMENTS OF 1984 WITH OTHER LAWS; SEPARABILITY Pub. L. 98–457, title I, § 127, Oct. 9, 1984, 98 Stat. 1754, provided that: ‘‘(a) No provision of this Act or any amendment made by this Act [See Short Title of 1984 Amendment note above] is intended to affect any right or protection under section 504 of the Rehabilitation Act of 1973 [29 U.S.C. 794]. ‘‘(b) No provision of this Act or any amendment made by this Act may be so construed as to authorize the Secretary or any other governmental entity to estab- lish standards prescribing specific medical treatments for specific conditions, except to the extent that such standards are authorized by other laws. ‘‘(c) If the provisions of any part of this Act or any amendment made by this Act or the application thereof to any person or circumstances be held invalid, the pro- visions of the other parts and their application to other persons or circumstances shall not be affected there- by.’’ PRESIDENTIAL COMMISSION ON CHILD AND YOUTH DEATHS Pub. L. 100–294, title I, § 106, Apr. 25, 1988, 102 Stat. 119, established a National Commission on Child and Youth Deaths to study and evaluate comprehensively Federal, State, and local public and private resources which af- fect child and youth deaths and to prepare and trans- mit to President and appropriate committees of Con- gress a report within 12 months after appointment of the Commission, and provided that the Commission terminates 90 days after transmitting the report. ACQUISITION OF STATISTICAL DATA Pub. L. 99–401, title I, § 105, Aug. 27, 1986, 100 Stat. 906, which related to data acquisition by the Attorney Gen- eral for 1987 and 1988 and modification of the FBI’s uni- form crime reporting program, was editorially reclassi- fied as section 41302 of Title 34, Crime Control and Law Enforcement. CONGRESSIONAL FINDINGS Pub. L. 93–247, § 2, as added by Pub. L. 102–295, title I, § 102(a), May 28, 1992, 106 Stat. 188, and amended by Pub. L. 104–235, title I, § 100, Oct. 3, 1996, 110 Stat. 3064; Pub. L. 108–36, title I, § 101, June 25, 2003, 117 Stat. 801; Pub. L. 111–320, title I, § 101, Dec. 20, 2010, 124 Stat. 3459, pro- vided that: ‘‘Congress finds that— ‘‘(1) in fiscal year 2008, approximately 772,000 chil- dren were found by States to be victims of child abuse and neglect; ‘‘(2)(A) more children suffer neglect than any other form of maltreatment and close to 1⁄3 of all child mal- treatment-related fatalities in fiscal year 2008 were attributed to neglect alone; and ‘‘(B) investigations have determined that approxi- mately 71 percent of children who were victims of maltreatment in fiscal year 2008 suffered neglect, 16 percent suffered physical abuse, 9 percent suffered sexual abuse,, [sic] 7 percent suffered psychological maltreatment, 2 percent experienced medical neglect, and 9 percent were victims of other forms of mal- treatment; ‘‘(3)(A) child abuse or neglect can result in the death of a child; ‘‘(B) in fiscal year 2008, an estimated 1,740 children were counted by child protection services to have died as a result of abuse or neglect; and ‘‘(C) in fiscal year 2008, children younger than 1 year old comprised 45 percent of child maltreatment Page 6302 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5102 fatalities and 72 percent of child maltreatment fatali- ties were younger than 4 years of age; ‘‘(4)(A) many of these children and their families fail to receive adequate protection and treatment; and ‘‘(B) approximately 37 percent of victims of child abuse did not receive post-investigation services in fiscal year 2008; ‘‘(5) African-American children, American Indian children, Alaska Native children, and children of multiple races and ethnicities experience the highest rates of child abuse or neglect; ‘‘(6) the problem of child abuse and neglect requires a comprehensive approach that— ‘‘(A) integrates the work of social service, legal, health, mental health, domestic violence services, education, and substance abuse agencies and com- munity-based organizations; ‘‘(B) strengthens coordination among all levels of government, and with private agencies, civic, reli- gious, and professional organizations, and indi- vidual volunteers; ‘‘(C) emphasizes the need for abuse and neglect prevention, assessment, investigation, and treat- ment at the neighborhood level; ‘‘(D) recognizes the need for properly trained staff with the qualifications needed, to carry out their child protection duties; and ‘‘(E) recognizes the diversity of ethnic, cultural, and religious beliefs and traditions that may im- pact child rearing patterns, while not allowing the differences in those beliefs and traditions to enable abuse or neglect; ‘‘(7) the failure to coordinate and comprehensively prevent and treat child abuse and neglect threatens the futures of thousands of children and results in a cost to the Nation of billions of dollars in tangible ex- penditures, as well as significant intangible costs; ‘‘(8) all elements of American society have a shared responsibility in responding to child abuse and ne- glect; ‘‘(9) substantial reductions in the prevalence and incidence of child abuse and neglect and the allevi- ation of its consequences are matters of the highest national priority; ‘‘(10) national policy should strengthen families to prevent child abuse and neglect, provide support for needed services to prevent the unnecessary removal of children from families, and promote the reunifica- tion of families where appropriate; ‘‘(11) the child protection system should be com- prehensive, child-centered, family-focused, and com- munity-based, should incorporate all appropriate measures to prevent the occurrence or recurrence of child abuse and neglect, and should promote physical and psychological recovery and social re-integration in an environment that fosters the health, safety, self-respect, and dignity of the child; ‘‘(12) because both child maltreatment and domes- tic violence occur in up to 60 percent of the families in which either is present, States and communities should adopt assessments and intervention proce- dures aimed at enhancing the safety both of children and victims of domestic violence; ‘‘(13) because of the limited resources available in low-income communities, Federal aid for the child protection system should be distributed with due re- gard to the relative financial need of the commu- nities; ‘‘(14) the Federal Government should assist States and communities with the fiscal, human, and tech- nical resources necessary to develop and implement a successful and comprehensive child and family pro- tection strategy; and ‘‘(15) the Federal Government should provide lead- ership and assist communities in their child and fam- ily protection efforts by— ‘‘(A) promoting coordinated planning among all levels of government; ‘‘(B) generating and sharing knowledge relevant to child and family protection, including the devel- opment of models for service delivery; ‘‘(C) strengthening the capacity of States to as- sist communities; ‘‘(D) allocating financial resources to assist States in implementing community plans; ‘‘(E) helping communities to carry out their child and family protection plans by promoting the com- petence of professional, paraprofessional, and vol- unteer resources; and ‘‘(F) providing leadership to end the abuse and ne- glect of the nation’s children and youth.’’ DEFINITIONS Pub. L. 93–247, § 3, as added by Pub. L. 111–320, title I, § 142(a), Dec. 20, 2010, 124 Stat. 3482, as amended by Pub. L. 114–22, title VIII, § 802(c)(2), May 29, 2015, 129 Stat. 264, provided that: ‘‘In this Act [see Short Title note above]— ‘‘(1) the term ‘child’ means a person who has not at- tained the lesser of— ‘‘(A) the age of 18; or ‘‘(B) except in the case of sexual abuse, the age specified by the child protection law of the State in which the child resides; ‘‘(2) the term ‘child abuse and neglect’ means, at a minimum, any recent act or failure to act on the part of a parent or caretaker, which results in death, seri- ous physical or emotional harm, sexual abuse or ex- ploitation (including sexual abuse as determined under section 111 [42 U.S.C. 5106g]), or an act or fail- ure to act which presents an imminent risk of serious harm; ‘‘(3) the term ‘child with a disability’ means a child with a disability as defined in section 602 of the Indi- viduals with Disabilities Education Act (20 U.S.C. 1401), or an infant or toddler with a disability as de- fined in section 632 of such Act (20 U.S.C. 1432); ‘‘(4) the term ‘Governor’ means the chief executive officer of a State; ‘‘(5) the terms ‘Indian’, ‘Indian tribe’, and ‘tribal or- ganization’ have the meanings given the terms in sec- tion 4 of the Indian Self-Determination and Edu- cation Assistance Act (25 U.S.C. 450b) [now 25 U.S.C. 5304]; ‘‘(6) the term ‘Secretary’ means the Secretary of Health and Human Services; ‘‘(7) except as provided in section 106(f) [42 U.S.C. 5106a(f)], the term ‘State’ means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mar- iana Islands; and ‘‘(8) the term ‘unaccompanied homeless youth’ means an individual who is described in paragraphs (2) and (6) of section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).’’ § 5102. Advisory board on child abuse and ne- glect (a) Appointment The Secretary may appoint an advisory board to make recommendations to the Secretary and to the appropriate committees of Congress con- cerning specific issues relating to child abuse and neglect. (b) Solicitation of nominations The Secretary shall publish a notice in the Federal Register soliciting nominations for the appointment of members of the advisory board under subsection (a). (c) Composition In establishing the board under subsection (a), the Secretary shall appoint members from the general public who are individuals knowledge- able in child abuse and neglect prevention, intervention, treatment, or research, and with