§10402 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Defines important words used in the chapter. Alaska Native: defined the same way as “Native” in title 43, section 1602; Dating violence and domestic violence: defined the same way as in section 12291(a) of this title; Family violence: any act or threatened act of violence or forced detention that causes or threatens physical harm and is done by someone against a person they are related to by blood, marriage, other legal ties, or who lived with them (includes elderly victims); Indian, Indian tribe, tribal organization: defined as in title 25, section 5304; Native Hawaiian: defined as in title 20, section 7517; Personally identifying information: defined as in section 12291(a); Secretary: the Secretary of Health and Human Services; Shelter: temporary refuge and services (housing, safe homes, meals, support) run under applicable State law; State: the 50 States, DC, Puerto Rico, and, unless noted, Guam, American Samoa, the U.S. Virgin Islands, and the Northern Mariana Islands; State Domestic Violence Coalition: a statewide nonprofit that represents most domestic violence service providers, helps them, and acts as the State’s main resource; Supportive services: help for victims and their dependents to stay safe and get counseling, advocacy, or other assistance; Tribally designated official: the person a tribe or tribe-authorized group names to run a grant under section 10409; Underserved populations: defined in section 12291(a), and the Secretary has the same power as the Attorney General to decide which groups are underserved.

Title 42, §10402

The Public Health and Welfare — Source: USLM XML via OLRC

In this chapter:

(1)The term “Alaska Native” has the meaning given the term “Native” in section 1602 of title 43.

(2)The term “dating violence” has the meaning given such term in section 12291(a) of this title.

(3)The term “domestic violence” has the meaning given such term in section 12291(a) of this title.

(4)The term “family violence” means any act or threatened act of violence, including any forceful detention of an individual, that—

(A)results or threatens to result in physical injury; and

(B)is committed by a person against another individual (including an elderly individual) to or with whom such person—

(i)is related by blood;

(ii)is or was related by marriage or is or was otherwise legally related; or

(iii)is or was lawfully residing.

(5)The terms “Indian”, “Indian tribe”, and “tribal organization” have the meanings given such terms in section 5304 of title 25.

(6)The term “Native Hawaiian” has the meaning given the term in section 7517 of title 20.

(7)The term “personally identifying information” has the meaning given the term in section 12291(a) of this title.

(8)The term “Secretary” means the Secretary of Health and Human Services.

(9)The term “shelter” means the provision of temporary refuge and supportive services in compliance with applicable State law (including regulation) governing the provision, on a regular basis, of shelter, safe homes, meals, and supportive services to victims of family violence, domestic violence, or dating violence, and their dependents.

(10)The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and, except as otherwise provided, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.

(11)The term “State Domestic Violence Coalition” means a statewide nongovernmental nonprofit private domestic violence organization that—

(A)has a membership that includes a majority of the primary-purpose domestic violence service providers in the State;

(B)has board membership that is representative of primary-purpose domestic violence service providers, and which may include representatives of the communities in which the services are being provided in the State;

(C)has as its purpose to provide education, support, and technical assistance to such service providers to enable the providers to establish and maintain shelter and supportive services for victims of domestic violence and their dependents; and

(D)serves as an information clearinghouse, primary point of contact, and resource center on domestic violence for the State and supports the development of polices, protocols, and procedures to enhance domestic violence intervention and prevention in the State.

(12)The term “supportive services” means services for adult and youth victims of family violence, domestic violence, or dating violence, and dependents exposed to family violence, domestic violence, or dating violence, that are designed to—

(A)meet the needs of such victims of family violence, domestic violence, or dating violence, and their dependents, for short-term, transitional, or long-term safety; and

(B)provide counseling, advocacy, or assistance for victims of family violence, domestic violence, or dating violence, and their dependents.

(13)The term “tribally designated official” means an individual designated by an Indian tribe, tribal organization, or nonprofit private organization authorized by an Indian tribe, to administer a grant under section 10409 of this title.

(14)The term “underserved populations” has the meaning given the term in section 12291(a) of this title. For the purposes of this chapter, the Secretary has the same authority to determine whether a population is an underserved population as the Attorney General has under that section 12291(a) 11 So in original. of this title.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 10402, Pub. L. 98–457, title III, § 303, Oct. 9, 1984, 98 Stat. 1757; Pub. L. 100–294, title III, § 302, Apr. 25, 1988, 102 Stat. 124; Pub. L. 102–295, title III, §§ 303–309(a), 310, 311(a),

May 28, 1992, 106 Stat. 201–203; Pub. L. 103–322, title IV, § 40271, Sept. 13, 1994, 108 Stat. 1937; Pub. L. 104–235, title II, § 201, Oct. 3, 1996, 110 Stat. 3089; Pub. L. 108–36, title IV, §§ 401, 415(2), (3),

June 25, 2003, 117 Stat. 825, 830, related to authorization of State grants, prior to the general amendment of this chapter by Pub. L. 111–320. See section 10406 of this title. A prior section 302 of Pub. L. 98–457 was classified to section 10401 of this title prior to the general amendment of this chapter by Pub. L. 111–320.

Amendments

2015—Par. (6). Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to 7517 of title 20.

Statutory Notes and Related Subsidiaries

Effective Date

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

§10402 Definitions