Federal · Title 34 — Crime Control and Law Enforcement

34 U.S.C. § 40101: Reporting child abuse crime information

Civil

What this law says, in plain English

This statute requires state criminal justice agencies to report child abuse crime information to a national background check system and establishes federal guidelines and reporting requirements for tracking and maintaining such records.

Read the full statutory text
In each State, an authorized criminal justice agency of the State shall report child abuse crime information to, or index child abuse crime information in, the national criminal history background check system. A criminal justice agency may satisfy the requirement of this subsection by reporting or indexing all felony and serious misdemeanor arrests and dispositions. investigate the criminal history records system of each State and determine for each State a timetable by which the State should be able to provide child abuse crime records on an on-line basis through the national criminal history background check system; in consultation with State officials, establish guidelines for the reporting or indexing of child abuse crime information, including guidelines relating to the format, content, and accuracy of criminal history records and other procedures for carrying out this chapter; and notify each State of the determinations made pursuant to subparagraphs (A) and (B). by not later than the date that is 5 years after December 20, 1993 , have in a computerized criminal history file at least 80 percent of the final dispositions that have been rendered in all identifiable child abuse crime cases in which there has been an event of activity within the last 5 years; continue to maintain a reporting rate of at least 80 percent for final dispositions in all identifiable child abuse crime cases in which there has been an event of activity within the preceding 5 years; and take steps to achieve 100 percent disposition reporting, including data quality audits and periodic notices to criminal justice agencies identifying records that lack final dispositions and requesting those dispositions. An authorized agency of a State shall maintain close liaison with the National Center on Child Abuse and Neglect, the National Center for Missing and Exploited Children, and the National Center for the Prosecution of Child Abuse for the exchange of technical assistance in cases of child abuse. The Attorney General shall publish an annual statistical summary of child abuse crimes. The annual statistical summary described in paragraph (1) shall not contain any information that may reveal the identity of any particular victim or alleged violator. The Attorney General shall, subject to the availability of appropriations, publish an annual summary of each State’s progress in reporting child abuse crime information to the national criminal history background check system. the percentage of convicted child abuse offenders who have more than 1 conviction for an offense involving child abuse; the percentage of convicted child abuse offenders who have been convicted of an offense involving child abuse in more than 1 State; and the extent to which and the manner in which instances of child abuse form a basis for convictions for crimes other than child abuse crimes. Not later than 2 years after December 20, 1993 , the Administrator shall submit a report to the Chairman of the Committee on the Judiciary of the Senate and the Chairman of the Committee on the Judiciary of the House of Representatives containing a description of and a summary of the results of the study conducted pursuant to paragraph (1). The Attorney General, in consultation with Federal, State, and local officials, including officials responsible for criminal history record systems, and representatives of public and private care organizations and health, legal, and social welfare organizations, shall develop guidelines for the adoption of appropriate safeguards by care providers and by States for protecting children, the elderly, or individuals with disabilities from abuse. In developing guidelines under paragraph (1), the Attorney General shall address the availability, cost, timeliness, and effectiveness of criminal history background checks and recommend measures to ensure that fees for background checks do not discourage volunteers from participating in care programs. The Attorney General shall, subject to the availability of appropriations, disseminate the guidelines to State and local officials and to public and private care providers.”

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