Current as of January 01, 2018 | Updated by FindLaw Staff
Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
(a) Eligibility for grants
An applicant is eligible to receive a grant under this subchapter if--
(1) the applicant certifies and the Director determines that there is in effect in the State a law that permits the closed-circuit televising and video taping of testimony of children in criminal proceedings for the violation of laws relating to the abuse of children;
(2) the applicant certifies and the Director determines that State law meets the following criteria:
(A) the judges determination that a child witness will be traumatized by the presence of the defendant must be made on a case-by-case basis;
(B) the trauma suffered must be more than de minimis;
(C) the child witness must give his/her statements under oath;
(D) the child witness must submit to cross-examination; and
(E) the finder of fact must be permitted to observe the demeanor of the child witness in making his or her statement and the defendant must be able to contemporaneously communicate with his defense attorney; and
(3) the Director determines that the application submitted under section 3796aa-1 of this title or amendment to such application is consistent with the requirements of this chapter.
(b) Applications deemed approved
Each application or amendment made and submitted for approval to the Director pursuant to section 3796aa-2 of this title shall be deemed approved, in whole or in part, by the Director not later than 60 days after first received unless the Director informs the applicant of specific reasons for disapproval.
(c) Reconsideration of applications
The Director shall not finally disapprove any application, or any amendment thereto, submitted to the Director under this section without first affording the applicant reasonable notice and opportunity for reconsideration.
Cite this article: FindLaw.com - 42 U.S.C. § 3796aa-3 - U.S. Code - Unannotated Title 42. The Public Health and Welfare § 3796aa-3. Review of applications - last updated January 01, 2018 | https://codes.findlaw.com/us/title-42-the-public-health-and-welfare/42-usc-sect-3796aa-3.html
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?