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.