[Code of Federal Regulations]

[Title 45, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR1340.14]



[Page 247-248]

 

                        TITLE 45--PUBLIC WELFARE

 

CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 

                           AND HUMAN SERVICES

 

PART 1340_CHILD ABUSE AND NEGLECT PREVENTION AND TREATMENT--Table of 

Contents

 

                       Subpart B_Grants to States

 

Sec. 1340.14  Eligibility requirements.



    In order for a State to qualify for an award under this subpart, the 

State must meet the requirements of Sec. 1340.15 and satisfy each of 

the following requirements:

    (a) State must satisfy each of the requirements in section 107(b) of 

the Act.

    (b) Definition of Child Abuse and Neglect. Wherever the requirements 

below use the term ``Child Abuse and Neglect'' the State must define 

that term in accordance with Sec. 1340.2. However, it is not necessary 

to adopt language identical to that used in Sec. 1340.2, as long as the 

definition used in the State is the same in substance.

    (c) Reporting. The State must provide by statute that specified 

persons must report and by statute or administrative procedure that all 

other persons are permitted to report known and suspected instances of 

child abuse and neglect to a child protective agency or other properly 

constituted authority.

    (d) Investigations. The State must provide for the prompt initiation 

of an appropriate investigation by a child protective agency or other 

properly constituted authority to substantiate the accuracy of all 

reports of known or suspected child abuse or neglect. This investigation 

may include the use of reporting hotlines, contact with central 

registers, field investigations and interviews, home visits, 

consultation with other agencies, medical examinations, psychological 

and social evaluations, and reviews by multidisciplinary teams.

    (e) Institutional child abuse and neglect. The State must have a 

statute or administrative procedure requiring that when a report of 

known or suspected child abuse or neglect involves the acts or omissions 

of the agency, institution, or facility to which the report would 

ordinarily be made, a different properly constituted authority must 

receive and investigate the report and take appropriate protective and 

corrective action.

    (f) Emergency services. If an investigation of a report reveals that 

the reported child or any other child under the same care is in need of 

immediate protection, the State must provide emergency services to 

protect the child's health and welfare. These services may include 

emergency caretaker or homemaker services; emergency shelter care or 

medical services; review by a multidisciplinary team; and, if 

appropriate, criminal or civil court action to protect the child, to 

help the parents or guardians in their responsibilities and, if 

necessary, to remove the child from a dangerous situation.

    (g) Guardian ad litem. In every case involving an abused or 

neglected child which results in a judicial proceeding, the State must 

insure the appointment of a guardian ad litem or other individual whom 

the State recognizes as fulfilling the same functions as a guardian ad 

litem, to represent and protect the rights and best interests of the 

child. This requirement may be satisfied: (1) By a statute mandating the 

appointments; (2) by a statute permitting the appointments, accompanied 

by a statement from the Governor that the appointments are made in every 

case; (3) in the absence of a specific statute, by a formal opinion of 

the Attorney General that the appointments are permitted, accompanied by 

a Governor's statement that the appointments are made in every case; or 

(4) by the State's Uniform Court Rule mandating appointments in every 

case. However, the guardian ad litem shall not be the attorney 

responsible for presenting the evidence alleging child abuse or neglect.

    (h) Prevention and treatment services. The State must demonstrate 

that it has throughout the State procedures and services deal with child 

abuse and neglect cases. These procedures and services include the 

determination of



[[Page 248]]



social service and medical needs and the provision of needed social and 

medical services.

    (i) Confidentiality. (1) The State must provide by statute that all 

records concerning reports and reports of child abuse and neglect are 

confidential and that their unauthorized disclosure is a criminal 

offense.

    (2) If a State chooses to, it may authorize by statute disclosure to 

any or all of the following persons and agencies, under limitations and 

procedures the State determines:

    (i) The agency (agencies) or organizations (including its designated 

multidisciplinary case consultation team) legally mandated by any 

Federal or State law to receive and investigate reports of known and 

suspected child abuse and neglect;

    (ii) A court, under terms identified in State statute;

    (iii) A grand jury;

    (iv) A properly constituted authority (including its designated 

multidisciplinary case consultation team) investigating a report of 

known or suspected child abuse or neglect or providing services to a 

child or family which is the subject of a report;

    (v) A physician who has before him or her a child whom the physician 

reasonably suspects may be abused or neglected;

    (vi) A person legally authorized to place a child in protective 

custody when the person has before him or her a child whom he or she 

reasonably suspects may be abused or neglected and the person requires 

the information in the report or record in order to determine whether to 

place the child in protective custody;

    (vii) An agency authorized by a properly constituted authority to 

diagnose, care for, treat, or supervise a child who is the subject of a 

report or record of child abuse or neglect;

    (viii) A person about whom a report has been made, with protection 

for the identity of any person reporting known or suspected child abuse 

or neglect and any other person where the person or agency making the 

information available finds that disclosure of the information would be 

likely to endanger the life or safety of such person;

    (ix) A child named in the report or record alleged to have been 

abused or neglected or (as his/her representative) his/her guardian or 

guardian ad litem;

    (x) An appropriate State or local official responsible for 

administration of the child protective service or for oversight of the 

enabling or appropriating legislation, carrying out his or her official 

functions; and

    (xi) A person, agency, or organization engaged in a bonafide 

research or evaluation project, but without information identifying 

individuals named in a report or record, unless having that information 

open for review is essential to the research or evaluation, the 

appropriate State official gives prior written approval, and the child, 

through his/her representative as cited in paragraph (i) of this 

section, gives permission to release the information.

    (3) If a State chooses, it may authorize by statute disclosure to 

additional persons and agencies, as determined by the State, for the 

purpose of carrying out background and/or employment-related screening 

of individuals who are or may be engaged in specified categories of 

child related activities or employment. Any information disclosed for 

this purpose is subject to the confidentiality requirements in paragraph 

(i)(1) and may be subject to additional safeguards as determined by the 

State.

    (4) Nothing in this section shall be interpreted to prevent the 

properly constituted authority from summarizing the outcome of an 

investigation to the person or official who reported the known or 

suspected instances of child abuse or neglect or to affect a State's 

laws or procedures concerning the confidentiality of its criminal court 

or its criminal justice system.

    (5) HHS and the Comptroller General of the United States or any of 

their representatives shall have access to records, as required under 45 

CFR 74.24.



[48 FR 3702, Jan. 26, 1983, as amended at 50 FR 14887, April 15, 1985; 

52 FR 3995, Feb. 6, 1987; 55 FR 27639, July 5, 1990]