Vawa
II, Section 212 SEC.
212.
GRANTS
TO PROVIDE FOR SUPERVISED VISITATION CENTERS.
(a)
GRANTS- The Attorney General is authorized to award grants to public or
private nonprofit nongovernmental entities, including tribally chartered
organizations and nonprofit organizations operating within the boundaries
of an Indian reservation whose governing body reflects the populations
served, to assist such entities in establishing and operating supervised
visitation centers for the purposes of facilitating supervised visitation
and visitation exchange. At least 50 percent of all grants awarded shall
be for contracts and cooperative agreements with private nonprofit, nongovernmental
entities, including entities receiving court referrals.
(b) CONSIDERATIONS- In awarding such grants, contracts, and cooperative
agreements under paragraph (1), the Attorney General shall take into account--
(1) the number of families to be served by the proposed visitation center
to be established under the grant, contract, or agreement;
(2) the extent to which supervised visitation centers serve underserved
populations as that term is defined in section 2003(7) of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2(7)), as
amended by title VI of this Act.
(3) the extent to which the applicant demonstrates cooperation and collaboration
with nonprofit, nongovernmental entities in the local community served,
including the State domestic violence and sexual assault coalitions, local
shelters and programs for domestic violence victims, including programs
providing legal assistance to domestic violence victims and rape crisis
centers;
(4) the extent to which the applicant demonstrates coordination and collaboration
with State and local court systems, including mechanisms for communication
and referral; and
(5) the extent to which the applicant demonstrates implementation of domestic
violence and sexual assault training for all employees.
(c) USE OF FUNDS- (1) IN GENERAL- Amounts provided under a grant, contract,
or cooperative agreement awarded under this subsection shall be used to
establish supervised visitation centers and for the purposes described
in section 1(b). In using such amounts, grantees and persons awarded a
contract or cooperative agreement shall target the economically disadvantaged
and those individuals who could not otherwise afford such visitation services.
Individuals shall be permitted to use the services provided by the center
on a sliding fee basis. For purposes of determining qualification for
sliding scale fees, only the individual income will be considered and
no spousal or household income will be counted.
(2) REGULATIONS AND APPLICANT REQUIREMENTS- The Attorney General shall
award grants, contracts, and cooperative agreements under this section
in accordance with such regulations as the Attorney General may promulgate.
Te regulations shall establish a multi-year grant process. The Attorney
General shall give priority in awarding
grants, contracts, and cooperative agreements under this title to entities
in States that consider domestic violence in making a custody decision.
An applicant awarded such a grant, contract, or cooperative agreement
shall--
(A) for applicants under section 201(b)(1) or (2)--
(i) demonstrate recognized expertise in the area of domestic violence,
including addressing the impact of domestic violence on children, and
a record of high quality service to victims of domestic violence; and
(ii) demonstrate through a memorandum of understanding collaboration with
and support of the State domestic violence coalition and local domestic
violence shelter or program in the locality in which the supervised visitation
center will be operated;
(B) for applicants under section 201(b)(3)--
(i) demonstrate recognized expertise in the area of child sexual assault
and abuse and a record of high quality service to victims of sexual assault;
and
(ii) demonstrate through a memorandum of understanding collaboration with
and support of the State sexual assault coalition and local rape crisis
center or sexual assault program in the locality where the supervised
visitation center will be operated;
(C) provide supervised visitation and visitation exchange services over
the duration of a court order to promote continuity and stability;
(D) demonstrate that adequate security measures, including adequate facilities,
procedures and personnel capable of preventing violence, are in place
for the operation of supervised visitation; and
(E) describe in detail the standards by which the supervised visitation
center will operate
(20) When domestic violence is or has been present in the relationship,
shared parenting arrangements, couples counseling, or mediation arrangements
may increase the danger to children and to the nonviolent parent.
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