USC Subchapter II

USC Subchapter II
in effect

42 U.S.C. § 15091 Findings, purposes, and policy

(a) FindingsCongress makes the following findings:(1) It is in the best interest of our Nation to preserve, strengthen, and maintain the family. (2) Families of children with disabilities provide support, care, and training to their children that can save States millions of dollars. Without the efforts of family caregivers, many persons with disabilities would receive care through State-supported out-of-home placements. (3) Most families of children with disabilities, especially families in unserved and underserved populations, do not have access to family-centered and family-directed services to support such families in their efforts to care for such children at home. (4) Medical advances and improved health care have increased the life span of many people with disabilities, and the combination of the longer life spans and the aging of family caregivers places a continually increasing demand on the finite service delivery systems of the States. (5) In 1996, 49 States provided family support initiatives in response to the needs of families of children with disabilities. Such initiatives included the provision of cash subsidies, respite care, and other forms of support. There is a need in each State, however, to strengthen, expand, and coordinate the activities of a system of family support services for families of children with disabilities that is easily accessible, avoids duplication, uses resources efficiently, and prevents gaps in services to families in all areas of the State. (6) The goals of the Nation properly include the goal of providing to families of children with disabilities the family support services necessary—(A) to support the family; (B) to enable families of children with disabilities to nurture and enjoy their children at home; (C) to enable families of children with disabilities to make informed choices and decisions regarding the nature of supports, resources, services, and other assistance made available to such families; and (D) to support family caregivers of adults with disabilities. (b) PurposesThe purposes of this subchapter are—(1) to promote and strengthen the implementation of comprehensive State systems of family support services, for families with children with disabilities, that are family-centered and family-directed, and that provide families with the greatest possible decisionmaking authority and control regarding the nature and use of services and support; (2) to promote leadership by families in planning, policy development, implementation, and evaluation of family support services for families of children with disabilities; (3) to promote and develop interagency coordination and collaboration between agencies responsible for providing the services; and (4) to increase the availability of, funding for, access to, and provision of family support services for families of children with disabilities. (c) PolicyIt is the policy of the United States that all programs, projects, and activities funded under this subchapter shall be family-centered and family-directed, and shall be provided in a manner consistent with the goal of providing families of children with disabilities with the support the families need to raise their children at home.

42 U.S.C. § 15092 Definitions and special rule

(a) DefinitionsIn this subchapter:(1) Child with a disabilityThe term “child with a disability” means an individual who—(A) has a significant physical or mental impairment, as defined pursuant to State policy to the extent that such policy is established without regard to type of disability; or (B) is an infant or a young child from birth through age 8 and has a substantial developmental delay or specific congenital or acquired condition that presents a high probability of resulting in a disability if services are not provided to the infant or child. (2) Family(A) In generalSubject to subparagraph (B), for purposes of the application of this subchapter in a State, the term “family” has the meaning given the term by the State. (B) Exclusion of employeesThe term does not include an employee who, acting in a paid employment capacity, provides services to a child with a disability in an out-of-home setting such as a hospital, nursing home, personal care home, board and care home, group home, or other facility. (3) Family support for families of children with disabilitiesThe term “family support for families of children with disabilities” means supports, resources, services, and other assistance provided to families of children with disabilities pursuant to State policy that are designed to—(A) support families in the efforts of such families to raise their children with disabilities in the home; (B) strengthen the role of the family as primary caregiver for such children; (C) prevent involuntary out-of-the-home placement of such children and maintain family unity; and (D) reunite families with children with disabilities who have been placed out of the home, whenever possible. (4) SecretaryThe term “Secretary” means the Secretary of Health and Human Services. (5) StateThe term “State” means each of the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (6) Systems change activitiesThe term “systems change activities” means efforts that result in laws, regulations, policies, practices, or organizational structures—(A) that are family-centered and family-directed; (B) that facilitate and increase access to, provision of, and funding for, family support services for families of children with disabilities; and (C) that otherwise accomplish the purposes of this subchapter. (b) Special ruleReferences in this subchapter to a child with a disability shall be considered to include references to an individual who is not younger than age 18 who—(1) has a significant impairment described in subsection (a)(1)(A); and (2) is residing with and receiving assistance from a family member.

42 U.S.C. § 15093 Grants to States

(a) In generalThe Secretary shall make grants to States on a competitive basis, in accordance with the provisions of this subchapter, to support systems change activities designed to assist States to develop and implement, or expand and enhance, a statewide system of family support services for families of children with disabilities that accomplishes the purposes of this subchapter. (b) Award period and grant limitationNo grant shall be awarded under this section for a period of more than 3 years. No State shall be eligible for more than 1 grant under this section. (c) Amount of grants(1) Grants to States(A) Federal matching shareFrom amounts appropriated under section 15101(a) of this title, the Secretary shall pay to each State that has an application approved under section 15094 of this title, for each year of the grant period, an amount that is—(i) equal to not more than 75 percent of the cost of the systems change activities to be carried out by the State; and (ii) not less than $100,000 and not more than $500,000. (B) Non-Federal shareThe non-Federal share of the cost of the systems change activities may be in cash or in kind, fairly evaluated, including plant, equipment, or services. (2) Calculation of amountsThe Secretary shall calculate a grant amount described in paragraph (1) on the basis of—(A) the amounts available for making grants under this section; and (B) the child population of the State concerned. (d) Priority for previously participating StatesFor the second and third fiscal years for which amounts are appropriated to carry out this section, the Secretary, in providing payments under this section, shall give priority to States that received payments under this section during the preceding fiscal year. (e) Priorities for distributionTo the extent practicable, the Secretary shall award grants to States under this section in a manner that—(1) is geographically equitable; (2) distributes the grants among States that have differing levels of development of statewide systems of family support services for families of children with disabilities; and (3) distributes the grants among States that attempt to meet the needs of unserved and underserved populations, such as individuals from racial and ethnic minority backgrounds, disadvantaged individuals, individuals with limited English proficiency, and individuals from underserved geographic areas (rural or urban).

42 U.S.C. § 15094 Application

To be eligible to receive a grant under this subchapter, a State shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require, including information about the designation of a lead entity, a description of available State resources, and assurances that systems change activities will be family-centered and family-directed.

42 U.S.C. § 15095 Designation of the lead entity

(a) DesignationThe Chief Executive Officer of a State that desires to receive a grant under section 15093 of this title, shall designate the office or entity (referred to in this subchapter as the “lead entity”) responsible for—(1) submitting the application described in section 15094 of this title on behalf of the State; (2) administering and supervising the use of the amounts made available under the grant; (3) coordinating efforts related to and supervising the preparation of the application; (4) coordinating the planning, development, implementation (or expansion and enhancement), and evaluation of a statewide system of family support services for families of children with disabilities among public agencies and between public agencies and private agencies, including coordinating efforts related to entering into interagency agreements; (5) coordinating efforts related to the participation by families of children with disabilities in activities carried out under a grant made under this subchapter; and (6) submitting the report described in section 15097 of this title on behalf of the State. (b) QualificationsIn designating the lead entity, the Chief Executive Officer may designate—(1) an office of the Chief Executive Officer; (2) a commission appointed by the Chief Executive Officer; (3) a public agency; (4) a council established under Federal or State law; or (5) another appropriate office, agency, or entity.

42 U.S.C. § 15096 Authorized activities

(a) In generalA State that receives a grant under section 15093 of this title shall use the funds made available through the grant to carry out systems change activities that accomplish the purposes of this subchapter. (b) Special ruleIn carrying out activities authorized under this subchapter, a State shall ensure that such activities address the needs of families of children with disabilities from unserved or underserved populations.

42 U.S.C. § 15097 Reporting

A State that receives a grant under this subchapter shall prepare and submit to the Secretary, at the end of the grant period, a report containing the results of State efforts to develop and implement, or expand and enhance, a statewide system of family support services for families of children with disabilities.

42 U.S.C. § 15098 Technical assistance

(a) In generalThe Secretary shall enter into contracts or cooperative agreements with appropriate public or private agencies and organizations, including institutions of higher education, with documented experience, expertise, and capacity, for the purpose of providing technical assistance and information with respect to the development and implementation, or expansion and enhancement, of a statewide system of family support services for families of children with disabilities. (b) PurposeAn agency or organization that provides technical assistance and information under this section in a State that receives a grant under this subchapter shall provide the technical assistance and information to the lead entity of the State, family members of children with disabilities, organizations, service providers, and policymakers involved with children with disabilities and their families. Such an agency or organization may also provide technical assistance and information to a State that does not receive a grant under this subchapter. (c) Reports to the SecretaryAn entity providing technical assistance and information under this section shall prepare and submit to the Secretary periodic reports regarding Federal policies and procedures identified within the States that facilitate or impede the delivery of family support services to families of children with disabilities. The report shall include recommendations to the Secretary regarding the delivery of services, coordination with other programs, and integration of the policies described in section 15091 of this title in Federal law, other than this subchapter.

42 U.S.C. § 15099 Evaluation

(a) In generalThe Secretary shall conduct a national evaluation of the program of grants to States authorized by this subchapter. (b) Purpose(1) In generalThe Secretary shall conduct the evaluation under subsection (a) to assess the status and effects of State efforts to develop and implement, or expand and enhance, statewide systems of family support services for families of children with disabilities in a manner consistent with the provisions of this subchapter. In particular, the Secretary shall assess the impact of such efforts on families of children with disabilities, and recommend amendments to this subchapter that are necessary to assist States to accomplish fully the purposes of this subchapter. (2) Information systemsThe Secretary shall work with the States to develop an information system designed to compile and report, from information provided by the States, qualitative and quantitative descriptions of the impact of the program of grants to States authorized by this subchapter on—(A) families of children with disabilities, including families from unserved and underserved populations; (B) access to and funding for family support services for families of children with disabilities; (C) interagency coordination and collaboration between agencies responsible for providing the services; and (D) the involvement of families of children with disabilities at all levels of the statewide systems. (c) Report to CongressNot later than 2½ years after October 30, 2000, the Secretary shall prepare and submit to the appropriate committees of Congress a report concerning the results of the evaluation conducted under this section.

42 U.S.C. § 15100 Projects of national significance

(a) Study by the SecretaryThe Secretary shall review Federal programs to determine the extent to which such programs facilitate or impede access to, provision of, and funding for family support services for families of children with disabilities, consistent with the policies described in section 15091 of this title. (b) Projects of national significanceThe Secretary shall make grants or enter into contracts for projects of national significance to support the development of national and State policies and practices related to the development and implementation, or expansion and enhancement, of family-centered and family-directed systems of family support services for families of children with disabilities.

42 U.S.C. § 15101 Authorization of appropriations

(a) In generalThere are authorized to be appropriated to carry out this subchapter such sums as may be necessary for each of fiscal years 2001 through 2007. (b) Reservation(1) In generalThe Secretary shall reserve for each fiscal year 10 percent, or $400,000 (whichever is greater), of the amount appropriated pursuant to subsection (a) to carry out—(A) section 15098 of this title (relating to the provision of technical assistance and information to States); and (B) section 15099 of this title (relating to the conduct of evaluations). (2) Special ruleFor each year that the amount appropriated pursuant to subsection (a) is $10,000,000 or greater, the Secretary may reserve 5 percent of such amount to carry out section 15100 of this title.

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