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42 U.S.C. § 290ff–4General provisions

submitted 82 years ago by Pub. L. 102-321 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 578 words · no verdicts yet

in plain englishAI-generated · not legal advice

Grants under this program last up to 6 years, and the Secretary must offer technical help to any entity that asks. The Secretary must also evaluate the programs every year and report results to Congress. Congress authorized $125 million a year for fiscal years 2023 through 2027.

(a) Duration of support: Payments to a public entity from a grant under section 290ff(a) of this title can't continue for more than 6 fiscal years. (b) Technical assistance: (1) If asked, the Secretary must — whether or not the public entity currently has a grant under section 290ff(a) of this title — (A) help the entity apply for grants under that section, and (B) provide training and technical assistance on planning, developing, and running systems of care described in section 290ff–1 of this title. (2) The Secretary may provide this assistance directly, or through grants to, or contracts with, public and nonprofit private entities. (c) Evaluations and reports by the Secretary: (1) The Secretary must, directly or through contracts with public or private entities, provide for annual evaluations of programs carried out under section 290ff(a) of this title. These evaluations must assess how well the systems of care work, including long-term outcomes of the services provided, other outcome studies, how these activities affect use of hospitals and other institutional settings, what helps or hinders interagency collaboration in delivering community-based services, and parents' assessments of the systems of care. (2) Starting not later than 1 year after money is first appropriated under subsection (c), and every year after that, the Secretary must send Congress a report summarizing these evaluations from the preceding fiscal year, along with any recommendations for administrative or legislative changes the Secretary thinks are appropriate. (d) Definitions: (1) "Child" means an individual through age 21. (2) "Family," for a child given access to a system of care under section 290ff–1(a) of this title, means (A) the child's legal guardian, and (B) as appropriate for the child's mental health services, the child's biological or adoptive parents, kinship caregivers, and any foster parents. (3) "Funding agreement," for a grant under section 290ff(a) of this title to a public entity, means that the Secretary may only make the grant if the entity agrees to the condition involved. (4) "Serious emotional disturbance" includes, for a child, any serious emotional disorder, serious behavioral disorder, or serious mental disorder. (e) No effect on other rights: Nothing in this part limits the rights of a child with a serious emotional disturbance under the Individuals with Disabilities Education Act. (f) Funding: (1) Congress authorized $125,000,000 for each of fiscal years 2023 through 2027 to carry out this part. (2) No more than 10 percent of the money appropriated for a fiscal year under paragraph (1) may be spent on the technical assistance described in subsection (b).
the actual law source: uscode.house.gov ↗public domain
(a) Duration of support

The period during which payments are made to a public entity from a grant under section 290ff(a) of this title may not exceed 6 fiscal years.

(b) Technical assistance
(1) In general

The Secretary shall, upon the request of a public entity, regardless of whether such public entity is receiving a grant under section 290ff(a) of this title—

(A)

provide technical assistance to the entity regarding the process of submitting to the Secretary applications for grants under section 290ff(a) of this title; and

(B)

provide to the entity training and technical assistance with respect to the planning, development, and operation of systems of care described in section 290ff–1 of this title.

(2) Authority for grants and contracts

The Secretary may provide technical assistance under subsection (a) directly or through grants to, or contracts with, public and nonprofit private entities.

(c) Evaluations and reports by Secretary
(1) In general

The Secretary shall, directly or through contracts with public or private entities, provide for annual evaluations of programs carried out pursuant to section 290ff(a) of this title. The evaluations shall assess the effectiveness of the systems of care operated pursuant to such section, including longitudinal studies of outcomes of services provided by such systems, other studies regarding such outcomes, the effect of activities under this part on the utilization of hospital and other institutional settings, the barriers to and achievements resulting from interagency collaboration in providing community-based services to children with a serious emotional disturbance, and assessments by parents of the effectiveness of the systems of care.

(2) Report to Congress

The Secretary shall, not later than 1 year after the date on which amounts are first appropriated under subsection (c), and annually thereafter, submit to the Congress a report summarizing evaluations carried out pursuant to paragraph (1) during the preceding fiscal year and making such recommendations for administrative and legislative initiatives with respect to this section as the Secretary determines to be appropriate.

(d) Definitions

For purposes of this part:

(1)

The term “child” means an individual through the age of 21 years.

(2)

The term “family”, with respect to a child provided access to a system of care under section 290ff–1(a) of this title, means—

(A)

the legal guardian of the child; and

(B)

as appropriate regarding mental health services for the child, the parents of the child (biological or adoptive, as the case may be), kinship caregivers of the child, and any foster parents of the child.

(3)

The term “funding agreement”, with respect to a grant under section 290ff(a) of this title to a public entity, means that the Secretary may make such a grant only if the public entity makes the agreement involved.

(4)

The term “serious emotional disturbance” includes, with respect to a child, any child who has a serious emotional disorder, a serious behavioral disorder, or a serious mental disorder.

(e) Rule of construction

Nothing in this part shall be construed as limiting the rights of a child with a serious emotional disturbance under the Individuals with Disabilities Education Act [20 U.S.C. 1400 et seq.].

(f) Funding
(1) Authorization of appropriations

For the purpose of carrying out this part, there are authorized to be appropriated $125,000,000 for each of fiscal years 2023 through 2027.

(2) Limitation regarding technical assistance

Not more than 10 percent of the amounts appropriated under paragraph (1) for a fiscal year may be expended for carrying out subsection (b).

Source credit: (July 1, 1944, ch. 373, title V, § 565, as added Pub. L. 102–321, title I, § 119, July 10, 1992, 106 Stat. 356; amended Pub. L. 103–43, title XX, § 2017(2), June 10, 1993, 107 Stat. 218; Pub. L. 106–310, div. B, title XXXI, § 3105(c), (d), Oct. 17, 2000, 114 Stat. 1175; Pub. L. 114–255, div. B, title X, § 10001(d), Dec. 13, 2016, 130 Stat. 1262; Pub. L. 117–328, div. FF, title I, § 1411, Dec. 29, 2022, 136 Stat. 5701.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 102-321 · 106 Stat. 356
  • 1993Amended · Pub. L. 103-43 · 107 Stat. 218
  • 2000Amended · Pub. L. 106-310 · 114 Stat. 1175
  • 2016Amended · Pub. L. 114-255 · 130 Stat. 1262
  • 2022Amended · Pub. L. 117-328 · 136 Stat. 5701

A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-321 on 1944-07-01.

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