42 U.S.C. § 5106g | Definitions

(a)

Definitions

For purposes of this subchapter—

(1)

section 1602 of title 43 the term “Alaska Native” has the meaning given the term “Native” in ;

(2)

section 1432 of title 20 the term “infant or toddler with a disability” has the meaning given the term in ;

(3)

section 7517 of title 20 the term “Native Hawaiian” has the meaning given the term in ;

(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

1 See References in Text note below.

For purposes of section 3(2)  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

¹¹Notwithstanding the definition of “child” in section 3(1), a State may elect to define that term for purposes of the application of paragraph (1) to section 3(2)  and subsection (a)(4) as a person who has not attained the age of 24.

Pub. L. 93–247, title I, § 111 Pub. L. 100–294, title I, § 101Apr. 25, 1988102 Stat. 116 Pub. L. 101–126, § 3(a)(1)Oct. 25, 1989103 Stat. 764 Pub. L. 104–235, title IOct. 3, 1996110 Stat. 3078 Pub. L. 111–320, title IDec. 20, 2010124 Stat. 3477 Pub. L. 114–22, title VIII, § 802(c)(1)May 29, 2015129 Stat. 264 Pub. L. 114–95, title IX, § 9215oDec. 10, 2015129 Stat. 2170 Pub. L. 117–348, title I, § 133Jan. 5, 2023136 Stat. 6221 (, formerly § 14, as added , , ; renumbered title I, § 113, and amended , (2), (b)(7), , , 765; renumbered § 111 and amended , §§ 110, 113(a)(1)(B), , , 3079; , §§ 119, 142(b), , , 3483; , (3), , ; (), , ; , , .)

Editorial Notes

References in Text

section 3 of Pub. L. 93–247 section 5101 of this titleSection 3, referred to in subsec. (b), means , which is set out as a Definitions note under .

Prior Provisions

section 111 of Pub. L. 93–247 section 5106e of this titleA prior was renumbered section 109 and is classified to .

Amendments

Pub. L. 117–348 section 7102 of title 222023—Subsec. (b)(1). substituted “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.” for “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 sex trafficking (as defined in paragraph (10) of ) or a victim of severe forms of trafficking in persons described in paragraph (9)(A) of that section.”

Pub. L. 114–22, § 802(c)(1)2015—, designated existing provisions as subsec. (a) and inserted heading and added subsec. (b).

Pub. L. 114–22, § 802(c)(3)Subsec. (a)(5)(C). , substituted period for semicolon at end.

Pub. L. 114–95 section 7517 of title 20Par. (3). made technical amendment to reference in original act which appears in text as reference to .

Pub. L. 111–320, § 142(b)(1)2010—Pars. (1), (2). , (2), redesignated pars. (7) and (8) as (1) and (2), respectively, and struck out former pars. (1) and (2) which read as follows:

“(1) the term ‘child’ means a person who has not attained 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, serious physical or emotional harm, sexual abuse or exploitation, or an act or failure to act which presents an imminent risk of serious harm;”.

Pub. L. 111–320, § 142(b)(1)Par. (3). –(3), redesignated par. (10) as (3), struck out “and” at end, and struck out former par. (3) which read as follows: “the term ‘Secretary’ means the Secretary of Health and Human Services;”.

Pub. L. 111–320, § 142(b)(4)Par. (4)(B). , inserted “and” after semicolon at end.

Pub. L. 111–320, § 142(b)(1)section 5106a(f) of this titlePar. (5). , (5), redesignated par. (6) as (5) and struck out former par. (5) which read as follows: “except as provided in , 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,;”.

Pub. L. 111–320, § 119(1)section 5106a(f) of this title, inserted “except as provided in ,” after “(5)”, inserted “and” after “Samoa,”, and struck out “and the Trust Territory of the Pacific Islands” after “Northern Mariana Islands,”.

Pub. L. 111–320, § 142(b)(5)Par. (6). , redesignated par. (6) as (5).

Pub. L. 111–320, § 119(2)Par. (6)(C). , substituted a semicolon for period at end.

Pub. L. 111–320, § 142(b)(1)Pars. (7) to (11). , (2), redesignated pars. (7), (8), and (10) as (1), (2), and (3), respectively, and struck out pars. (9) and (11) which read as follows:

section 450b of title 25“(9) the terms ‘Indian’, ‘Indian tribe’, and ‘tribal organization’ have the meanings given the terms in ;”

section 11434a of this title“(11) the term ‘unaccompanied homeless youth’ means an individual who is described in paragraphs (2) and (6) of .”

Pub. L. 111–320, § 119(3), added pars. (7) to (11).

Pub. L. 104–235, § 110(1)section 5102 of this title1996—Par. (1). , (2)(A), redesignated par. (3) as (1) and struck out former par. (1) which read as follows: “the term ‘board’ means the Advisory Board on Child Abuse and Neglect established under ;”.

Pub. L. 104–235, § 110(2)(A)Par. (2). , (3), redesignated par. (4) as (2) and amended it generally. Prior to amendment, par. (2) read as follows: “the term ‘child abuse and neglect’ means the physical or mental injury, sexual abuse or exploitation, negligent treatment, or maltreatment of a child by a person who is responsible for the child’s welfare, under circumstances which indicate that the child’s health or welfare is harmed or threatened thereby, as determined in accordance with regulations prescribed by the Secretary;”.

Pub. L. 104–235, § 110(1)section 5101 of this title struck out par. (2) which read as follows: “the term ‘Center’ means the National Center on Child Abuse and Neglect established under ;”.

Pub. L. 104–235, § 110(2)(A)Par. (3). , redesignated par. (6) as (3). Former par. (3) redesignated (1).

Pub. L. 104–235, § 110(2)(A)Par. (4). , (4), redesignated par. (7) as (4) and in subpar. (B) inserted “, and in cases of caretaker or inter-familial relationships, statutory rape” after “rape”. Former par. (4) redesignated (2).

Pub. L. 104–235, § 110(1)Par. (5). , (2)(A), redesignated par. (8) as (5) and struck out former par. (5) which read as follows: “the term ‘person who is responsible for the child’s welfare’ includes—

“(A) any employee of a residential facility; and

“(B) any staff person providing out-of-home care;”.

Pub. L. 104–235, § 110(2)(B)Par. (6). , redesignated par. (10) as (6). Former par. (6) redesignated (3).

Pub. L. 104–235, § 110(2)(A)Pars. (7), (8). , redesignated pars. (7) and (8) as (4) and (5), respectively.

Pub. L. 104–235, § 110(1)section 5103 of this titlePar. (9). , struck out par. (9) which read as follows: “the term ‘task force’ means the Inter-Agency Task Force on Child Abuse and Neglect established under ; and”.

Pub. L. 104–235, § 110(2)(B)Par. (10). , redesignated par. (10) as (6).

Pub. L. 101–126, § 3(b)(7)(A)1989—, made technical amendment to reference to this subchapter to reflect the insertion of title designations in the original act.

Pub. L. 101–126, § 3(b)(7)(B)Pars. (1), (2), (9). –(D), made technical amendments to references to sections 5101, 5102, and 5103 of this title to reflect renumbering of corresponding sections of original act.

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Pub. L. 114–95Dec. 10, 2015section 5 of Pub. L. 114–95 section 6301 of Title 20Amendment by effective , except with respect to certain noncompetitive programs and competitive programs, see , set out as a note under , Education.

Pub. L. 114–22May 29, 2015section 802(a) of Pub. L. 114–22 section 5106a of this titleAmendment by effective 2 years after , see , set out as a note under .