Sec. 3. Definitions
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/bill/117/s/1927/is/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Child Abuse Prevention and Treatment Act is amended by striking section 3 ( 42 U.S.C. 5101 note) and inserting the following: In this Act: The term Alaska Native has the meaning given the term Native in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 ). Subject to subsection (b)(2), the term child means a person who has not attained the lesser of— the age of 18; or except in the case of sexual abuse, the age specified by the child protection law of the State in which the child resides.
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, serious physical or emotional harm, sexual abuse or exploitation (including sexual abuse as determined under paragraph (17)), or an act or failure to act which presents an imminent risk of serious harm. The term child with a disability means a child with a disability as defined in section 602 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401 ), or an infant or toddler with a disability as defined in section 632 of such Act ( 20 U.S.C. 1432 ).
The term children and youth overrepresented in the child welfare system includes children and youth who belong to populations who are the focus of research efforts authorized under section 404N of the Public Health Service Act ( 42 U.S.C. 283p ) and defined in NIH Notice NOT–OD–19–139 released on August 28, 2019. The term community-based family strengthening services includes services that— are provided by organizations carrying out programs such as family resource programs, family support programs, voluntary home visiting programs, respite care services programs, parenting education, mutual support programs for parents and children, parent partner programs, family advocate programs, and other community programs or networks of such programs; and are designed to prevent or respond to child abuse and neglect and support families in building protective factors linked to the prevention of child abuse and neglect.
The term community referral services means services provided under contract or through an interagency agreement to assist families in obtaining needed information, mutual support, and community resources, including respite care services, health and mental health services, employability development and job training, and other social services, including early developmental screening of children, through help lines or other methods. The term Governor means the chief executive officer of a State.
The term homeless children and youth means an individual who is described in section 725 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a ). The terms Indian , Indian Tribe , and Tribal organization have the meanings given the terms Indian , Indian tribe , and tribal organization , respectively, in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). The term Native Hawaiian has the meaning given the term in section 6207 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7517 ).
The term near fatality means an act that, as certified by a physician, places a child in serious or critical condition. The term protective factors linked to the prevention of child abuse and neglect means evidence-based or evidence-informed factors that have been demonstrated to ensure families are more likely to be healthy and strong and less likely to experience child abuse and neglect. The term respite care services means services, including the services of crisis nurseries, that are— provided in the temporary absence of the regular caregiver (meaning a parent, other relative, foster parent, adoptive parent, or guardian); provided to children who— are in danger of child abuse or neglect; have experienced child abuse or neglect; or have disabilities or chronic or terminal illnesses; provided within or outside the home of the child; short-term care (ranging from a few hours to a few weeks of time, per year); and intended to enable the family to stay together and to keep the child living in the home and community of the child.
The term Secretary means the Secretary of Health and Human Services. The term serious bodily injury means bodily injury which involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. The term sexual abuse includes— the employment, use, persuasion, inducement, enticement, or coercion of any child to engage in, or assist any other person to engage in, any sexually explicit conduct or simulation of such conduct for the purpose of producing a visual depiction of such conduct; and the rape, and in cases of caretaker or inter-familial relationships, statutory rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children.
Except as provided in section 106(g), 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 Mariana Islands. The term withholding of medically indicated treatment means the failure to respond to the infant’s life-threatening conditions by providing treatment (including appropriate nutrition, hydration, and medication) which, in the treating physician’s or physicians’ reasonable medical judgment, will be most likely to be effective in ameliorating or correcting all such conditions, except that the term does not include the failure to provide treatment (other than appropriate nutrition, hydration, or medication) to an infant when, in the treating physician’s or physicians’ reasonable medical judgment— the infant is chronically and irreversibly comatose; the provision of such treatment would— merely prolong dying; not be effective in ameliorating or correcting all of the infant’s life-threatening conditions; or otherwise be futile in terms of the survival of the infant; or the provision of such treatment would be virtually futile in terms of the survival of the infant and the treatment itself under such circumstances would be inhumane.
For purposes of paragraphs
(3)and
(17)of subsection (a), a child shall be considered a victim of child abuse and neglect or sexual abuse if the child is identified, by an employee of the State or local agency involved, as being a victim of sex trafficking (as defined in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 )) or a victim of severe forms of trafficking in persons (as defined in such section 103). Notwithstanding the definition of child under subsection (a)(2), for purposes of application of paragraph (1), a State may elect to define the term child as a person who has not attained the age of 24. .
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Sec. 3
Definitions
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