Statute

42 USC 10420
NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 110 - FAMILY VIOLENCE PREVENTION AND SERVICES
§ 10420. Safe havens for children
(a) In general
The Attorney General, through the Director of the Office on Violence Against Women, may award
grants to States, units of local government, and Indian tribal governments that propose to enter into
or expand the scope of existing contracts and cooperative agreements with public or private nonprofit
entities 1
(1) to provide supervised visitation and safe visitation exchange of children by and between
parents in situations involving domestic violence, dating violence, child abuse, sexual assault, or
stalking;
(2) to protect children from the trauma of witnessing domestic or dating violence or experiencing
abduction, injury, or death during parent and child visitation exchanges;
(3) to protect parents or caretakers who are victims of domestic and dating violence from
experiencing further violence, abuse, and threats during child visitation exchanges; and
(4) to protect children from the trauma of experiencing sexual assault or other forms of physical
assault or abuse during parent and child visitation and visitation exchanges.
(b) Considerations
In awarding grants under subsection (a) of this section, the Attorney General shall take into account—
(1) the number of families to be served by the proposed visitation programs and services;
(2) the extent to which the proposed supervised visitation programs and services serve
underserved populations (as defined in section 3796gg–2 2 of this title);
(3) with respect to an applicant for a contract or cooperative agreement, the extent to which the
applicant demonstrates cooperation and collaboration with nonprofit, nongovernmental entities
in the local community served, including the State or tribal domestic violence coalition, State or
tribal sexual assault coalition, local shelters, and programs for domestic violence and sexual assault
victims; and
(4) the extent to which the applicant demonstrates coordination and collaboration with State and
local court systems, including mechanisms for communication and referral.
(c) Applicant requirements
The Attorney General shall award grants for contracts and cooperative agreements to applicants that—
(1) demonstrate expertise in the area of family violence, including the areas of domestic violence
or sexual assault, as appropriate;
(2) ensure that any fees charged to individuals for use of programs and services are based on the
income of those individuals, unless otherwise provided by court order;
(3) demonstrate that adequate security measures, including adequate facilities, procedures, and
personnel capable of preventing violence, are in place for the operation of supervised visitation
programs and services or safe visitation exchange; and
(4) prescribe standards by which the supervised visitation or safe visitation exchange will occur.
(d) Reporting
(1) In general
Not later than 1 month after the end of each even-numbered fiscal year, the Attorney General shall
submit to Congress a report that includes information concerning—
(A) the number of—

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42 USC 10420
NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

(i) individuals served and the number of individuals turned away from visitation
programs and services and safe visitation exchange (categorized by State);
(ii) the number of individuals from underserved populations served and turned away
from services; and
(iii) the type of problems that underlie the need for supervised visitation or safe visitation
exchange, such as domestic violence, child abuse, sexual assault, other physical abuse,
or a combination of such factors;
(B) the numbers of supervised visitations or safe visitation exchanges ordered under this
section during custody determinations under a separation or divorce decree or protection order,
through child protection services or other social services agencies, or by any other order of a
civil, criminal, juvenile, or family court;
(C) the process by which children or abused partners are protected during visitations,
temporary custody transfers, and other activities for which supervised visitation is established
under this section;
(D) safety and security problems occurring during the reporting period during supervised
visitation under this section, including the number of parental abduction cases; and
(E) the number of parental abduction cases in a judicial district using supervised visitation
programs and services under this section, both as identified in criminal prosecution and
custody violations.
(2) Guidelines
The Attorney General shall establish guidelines for the collection and reporting of data under this
subsection.
(e) Authorization of appropriations
(1) In general
There is authorized to be appropriated to carry out this section, $20,000,000 for each of fiscal years
2007 through 2011. Funds appropriated under this section shall remain available until expended.
(2) Use of funds
Of the amounts appropriated to carry out this section for each fiscal year, the Attorney General
shall—
(A) use not more than 3 percent for evaluation, monitoring, site visits, grantee conferences,
and other administrative costs associated with conducting activities under this section; and
(B) set aside not more than 8 percent for technical assistance and training to be provided
by organizations having nationally recognized expertise in the design of safe and secure
supervised visitation programs and visitation exchange of children in situations involving
domestic violence, dating violence, sexual assault, or stalking.
(f) Allotment for Indian tribes
(1) In general
Not less than 10 percent of the total amount available under this section for each fiscal year shall
be available for grants under the program authorized by section 3796gg–10 of this title.
(2) Applicability of part 3
The requirements of this section shall not apply to funds allocated for the program described in
paragraph (1).

Footnotes
1 So in original. Probably should be followed by a dash.
2 See References in Text note below.
3 So in original. Probably should be “section”.

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42 USC 10420
NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

(Pub. L. 106–386, div. B, title III, § 1301, Oct. 28, 2000, 114 Stat. 1509; Pub. L. 109–162, § 3(b)(2), title
III, § 306, title IX, § 906(d), formerly § 906(e), title XI, § 1135(b), Jan. 5, 2006, 119 Stat. 2971, 3016,
3081, 3109, renumbered § 906(d), Pub. L. 109–271, § 7(b)(2)(B), Aug. 12, 2006, 120 Stat. 764; Pub. L.
109–271, §§ 2(d), 7 (d)(2), 8 (b), Aug. 12, 2006, 120 Stat. 752, 766.)
References in Text
Section 3796gg–2 of this title, referred to in subsec. (b)(2), was subsequently repealed and a new section 3796gg–2
enacted which does not define “underserved populations”. However, such term is defined in section 13925 of this title.

Codification
Section was enacted as part of the Violence Against Women Act of 2000 and also as part of the Victims of Trafficking
and Violence Protection Act of 2000, and not as part of the Family Violence Prevention and Services Act which
comprises this chapter.
Section 306(1) of Pub. L. 109–162, which directed in part that section 1301 of the Victims of Trafficking and Violence
Protection Act of 2000 be amended by striking the section catchline and inserting “10402” as the section number in
the amended section catchline, was executed to this section by inserting “1301” as the section number in the original,
to reflect the probable intent of Congress. See 2006 Amendment notes below.

Amendments
2006—Pub. L. 109–162, § 306(1), substituted “Safe havens for children” for “Safe havens for children pilot program”
in section catchline. See Codification note above.
Subsec. (a). Pub. L. 109–162, § 306(2)(C)–(E), inserted par. (1) designation before “to provide”, substituted semicolon
for period at end, and added pars. (2) to (4).
Pub. L. 109–162, § 306(2)(A), (B), inserted “, through the Director of the Office on Violence Against Women,” after
“Attorney General” and “dating violence,” after “domestic violence,”.
Subsec. (d)(1). Pub. L. 109–162, § 1135(b), which directed an amendment identical to that made by Pub. L. 109–162,
§ 3(b)(2), was repealed by Pub. L. 109–271, §§ 2(d) and 8 (b).
Pub. L. 109–162, § 3(b)(2), substituted “Not later than 1 month after the end of each even-numbered fiscal year,” for
“Not later than 1 year after the last day of the first fiscal year commencing on or after October 28, 2000, and not later
than 180 days after the last day of each fiscal year thereafter,” in introductory provisions.
Subsec. (e). Pub. L. 109–162, § 306(3), added subsec. (e) and struck out former subsec. (e). Text read as follows:
“There is authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2001 and 2002.”
Subsec. (e)(2). Pub. L. 109–271, § 7(d)(2)(A), redesignated subpars. (B) and (C) as (A) and (B), respectively, and
struck out former subpar. (A) which read as follows: “set aside not less than 7 percent for grants to Indian tribal
governments or tribal organizations;”.
Subsec. (f). Pub. L. 109–271, § 7(d)(2)(B), added subsec. (f) and struck out former subsec. (f) which read as follows:
“Not less than 10 percent of the total amount available under this section for each fiscal year shall be available for
grants under the program authorized in section 3796gg–10 of this title. The requirements of this subsection shall not
apply to funds allocated for such program.”
Pub. L. 109–162, § 906(d), formerly § 906(e), as renumbered by Pub. L. 109–271, § 7(b)(2)(B), added subsec. (f) and
struck out former subsec. (f). Text read as follows: “Not less than 5 percent of the total amount made available for
each fiscal year to carry out this section shall be available for grants to Indian tribal governments.”

Effective Date of 2006 Amendment
Amendment by sections 306 and 906(d) of Pub. L. 109–162 not effective until the beginning of fiscal year 2007, see
section 4 of Pub. L. 109–162, set out as a note under section 3793 of this title.

Definitions
For definitions of terms used in this section, see section 1002 of Pub. L. 106–386, as amended, set out as a note under
section 3796gg–2 of this title.

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