HR 2920 — Statutes of Limitation for Child Sexual Abuse Reform Act

(a) Grants to States The Secretary, in consultation with the Attorney General, is authorized to make grants to the States for the purpose of assisting States in developing, establishing, and operating programs designed to improve— (1) the assessment and investigation of suspected child abuse and neglect cases, including cases of suspected child sexual abuse and exploitation, in a manner that limits additional trauma to the child and the child’s family; (2) the assessment and investigation of cases of suspected child abuse-related fatalities and suspected child neglect-related fatalities; (3) the investigation and prosecution of cases of child abuse and neglect, including child sexual abuse and exploitation; and (4) the assessment and investigation of cases involving children with disabilities or serious health-related problems who are suspected victims of child abuse or neglect. (b) Eligibility requirements In order for a State to qualify for assistance under this section, such State shall— (1) fulfill the requirements of section 5106a(b) of this title; (2) establish a task force as provided in subsection (c); (3) fulfill the requirements of subsection (d); (4) submit annually an application to the Secretary at such time and containing such information and assurances as the Secretary considers necessary, including an assurance that the State will— (A) make such reports to the Secretary as may reasonably be required; and (B) maintain and provide access to records relating to activities under subsections (a) and (b); and (5) submit annually to the Secretary a report on the manner in which assistance received under this program was expended throughout the State, with particular attention focused on the areas described in paragraphs (1) through (3) of subsection (a). (c) State task forces (1) General rule Except as provided in paragraph (2), a State requesting assistance under this section shall establish or designate, and maintain, a State multidisciplinary task force on children’s justice (hereinafter referred to as “State task force”) composed of professionals with knowledge and experience relating to the criminal justice system and issues of child physical abuse, child neglect, child sexual abuse and exploitation, and child maltreatment related fatalities. The State task force shall include— (A) individuals representing the law enforcement community; (B) judges and attorneys involved in both civil and criminal court proceedings related to child abuse and neglect (including individuals involved with the defense as well as the prosecution of such cases); (C) child advocates, including both attorneys for children and, where such programs are in operation, court appointed special advocates; (D) health and mental health professionals; (E) individuals representing child protective service agencies; (F) individuals experienced in working with children with disabilities; (G) parents; (H) representatives of parents’ groups; (I) adult former victims of child abuse or neglect; and (J) individuals experienced in working with homeless children and youths (as defined in section 11434a of this title). (2) Existing task force As determined by the Secretary, a State commission or task force established after January 1, 1983, with substantially comparable membership and functions, may be considered the State task force for purposes of this subsection. (d) State task force study Before a State receives assistance under this section, and at three year intervals thereafter, the State task force shall comprehensively— (1) review and evaluate State investigative, administrative and both civil and criminal judicial handling of cases of child abuse and neglect, including child sexual abuse and exploitation, as well as cases involving suspected child maltreatment related fatalities and cases involving a potential combination of jurisdictions, such as intrastate, interstate, Federal-State, and State-Tribal; and (2) make policy and training recommenda...

(a) Definitions For purposes of this subchapter— (1) the term “Alaska Native” has the meaning given the term “Native” in section 1602 of title 43; (2) the term “infant or toddler with a disability” has the meaning given the term in section 1432 of title 20; (3) the term “Native Hawaiian” has the meaning given the term in section 7517 of title 20; (4) the term “sexual abuse” includes— (A) 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; or (B) 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; and (5) 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— (A) the infant is chronically and irreversibly comatose; (B) the provision of such treatment would— (i) merely prolong dying; (ii) not be effective in ameliorating or correcting all of the infant’s life-threatening conditions; or (iii) otherwise be futile in terms of the survival of the infant; or (C) 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. (b) Special rule (1) In general For purposes of section 3(2) 1 and subsection (a)(4), a child shall be considered a victim of “child abuse and neglect” and of “sexual abuse” if the child is identified, by a State or local agency employee of the State or locality involved, as being a victim of human trafficking. (2) State option Notwithstanding the definition of “child” in section 3(1),1 a State may elect to define that term for purposes of the application of paragraph (1) to section 3(2) 1 and subsection (a)(4) as a person who has not attained the age of 24.