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42 U.S.C. § 12336Independent State body

submitted 36 years ago by Pub. L. 101-501 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 479 words · no verdicts yet

in plain englishAI-generated · not legal advice

To get certain grants, a state must set up an "independent State body" with cabinet officials and other appointed members representing youth, providers, and communities. This body must design a fair funding system and give preference to community-rooted, collaborative service programs. States may also use an existing qualifying entity instead of creating a new one.

(a) Designation. A state cannot get a grant from an allotment under section 12337 or 12338 unless two things happen. First, the state's chief executive officer must designate an independent State body. Most of this body's members must be cabinet-level representatives from state agencies that deal with programs for young people. The rest of the body is filled with people appointed from several groups: private nonprofit providers who serve young people, advocacy and citizen groups concerned with young people, state legislative committees responsible for young people, young leaders (including people who receive services under this subchapter), business community representatives, employees of youth-service providers, local government representatives, and staff needed to develop the state plan, run and monitor it, help coordinate state activities, and act as visible advocates for young people by reviewing and commenting on plans, budgets, and policies and offering technical help. Second, this independent State body must: (A) design a system for how the state will distribute funds it gets under sections 12337 and 12338; (B) send a description of that system to the Commissioner to review and comment on; and (C) make sure the funding system favors local service programs that offer flexible services tailored to real needs, rather than a fixed list of services, that are rooted in and shaped by their communities, and that show they can build real collaboration among service providers, through joint planning, joint funding, joint delivery, shared intake and assessment, and similar arrangements. (b) Existing entity. The Commissioner can approve a state plan that names an already-existing state entity as the independent State body, as long as that entity includes the same kinds of members described in subsection (a) and is authorized to do the same range of interagency planning and coordination work.
the actual law source: uscode.house.gov ↗public domain
(a) Designation

A State shall not be eligible to receive a grant from an allotment under section 12337 or 12338 of this title unless—

(1)

the chief executive officer of such State designates an independent State body that is composed of—

(A)

cabinet level representatives from each agency of such State that has responsibilities for programs affecting young individuals who shall comprise a majority of the independent State body; and

(B)

individuals appointed from among—

(i)

private nonprofit providers of services to young individuals;

(ii)

advocacy and citizens groups concerned with young individuals;

(iii)

committees of the legislature of such State that have responsibility for young individuals;

(iv)

leaders who are young individuals, including such leaders who are recipients of services provided under this subchapter;

(v)

representatives of the business community;

(vi)

representatives of employees of providers of services to young individuals;

(vii)

representatives of general purpose local government; and

(viii)

such staff as shall be necessary to—

(I)

develop a State plan to be submitted to the Commissioner for approval under section 12337 of this title;

(II)

administer and monitor the State plan within such State;

(III)

assist in the coordination of all State activities related to the purpose of the chapter;

(IV)

serve as an effective and visible advocate for young individuals by reviewing and commenting on all State plans, budgets, and policies that affect such individuals and the families of such individuals by providing technical assistance to any agency, organization, association, or individual representing the needs of young individuals; and

(2)

the independent State body designated under paragraph (1)—

(A)

develops a system for the distribution within the State of funds received under sections 12337 and 12338 of this title by the chief executive officer;

(B)

submits a description of such system to the Commissioner for review and comment; and

(C)

ensures that preference will be given in such distribution of funds to developing or supporting local service delivery systems that—

(i)

provide a range of services organized to tailor responses to needs rather than a predetermined array of services;

(ii)

are rooted in and part of the communities that such systems are designed to serve as measured by the degree to which public and private community leaders and young individuals participate in the planning of such systems; and

(iii)

demonstrate an ability to develop systematic collaboration among service providers on behalf of children, youth and families, including joint planning, joint financing, joint service delivery, common intake and assessment, and other arrangements that promote more effective service systems for such individuals.

(b) Existing entity

The Commissioner may approve a State plan in which the chief executive officer of the State designates as the independent State body an existing State entity that is comprised of the parties described in subsection (a) and that is authorized to conduct the same range of interagency planning and coordination activities.

Source credit: (Pub. L. 101–501, title IX, § 930, Nov. 3, 1990, 104 Stat. 1270.)

history & why it existsrecord from the source credit
  • 1990Enacted · Pub. L. 101-501 · 104 Stat. 1270

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-501 on 1990-11-03.

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