Page:United States Statutes at Large Volume 110 Part 4.djvu/979

 PUBLIC LAW 104-235—OCT. 3, 1996 110 STAT. 3075 of suspected medical neglect (including instances of withholding of medically indicated treatment from disabled infants with life-threatening conditions); and "(iii) authority, under State law, for the State child protective services system to pursue any legal remedies, including the authority to initiate legal proceedings in a court of competent jurisdiction, as may be necessary to prevent the withholding of medically indicated treatment from disabled infants with life threatening conditions; "(C) a description of— "(i) the services to be provided under the grant to individuals, families, or communities, either directly or through referrals aimed at preventing the occurrence of child abuse and neglect; "(ii) the training to be provided under the grant to support direct line and supervisory personnel in report taking, screening, assessment, decision making, and referral for investigating suspected instances of child abuse and neglect; and "(iii) the training to be provided under the grant for individuals who are required to report suspected cases of child abuse and neglect; and "(D) an assurance or certification that the programs or projects relating to child abuse and neglect carried out under part B of title IV of the Social Security Act comply with the requirements set forth in paragraph (1) and this paragraph. "(3) LIMITATION. —With regard to clauses (v) and (vi) of paragraph (2)(A), nothing in this section shall be construed as restricting the ability of a State to refuse to disclose identify- ing information concerning the individual initiating a report or complaint alleging suspected instances of child abuse or neglect, except that the State may not refuse such a disclosure where a court orders such disclosure after such court has reviewed, in camera, the record of the State related to the report or complaint and has found it has reason to believe that the reporter knowingly made a false report. "(4) DEFINITIONS. —For purposes of this subsection— "(A) the term 'near fatality* means an act that, as certified by a physician, places the child in serious or critical condition; and "(B) the term 'serious bodily injury' means bodily injury which involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. " (c) CITIZEN REVIEW PANELS. — "(1) ESTABLISHMENT.— "(A) IN GENERAL.— Except as provided in subparagraph (B), each State to which a grant is made under this section shall establish not less than 3 citizen review panels. " (B) EXCEPTIONS.— " (i) ESTABLISHMENT OF PANELS BY STATES RECEIV- ING MINIMUM ALLOTMENT. — A State that receives the minimum allotment of $175,000 under section

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