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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-310 Section 3105(b)]
                  42 USC 290ff-1
         (Nondiscrimination Provision at 42 USC 290ff-1(e)(2)(C)

 
        TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
      SUBCHAPTER III-A--SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES 
                             ADMINISTRATION
 
          Part E--Children With Serious Emotional Disturbances
 
Sec. 290ff-1. Requirements with respect to carrying out purpose 
        of grants
        

(a) Systems of comprehensive care

                           (1) In general

        A funding agreement for a grant under section 290ff(a) of this 
    title is that, with respect to children with a serious emotional 
    disturbance, the public entity involved will carry out the purpose 
    described in such section only through establishing and operating 1 
    or more systems of care for making each of the mental health 
    services specified in subsection (c) of this section available to 
    each child provided access to the system. In providing for such a 
    system, the public entity may make grants to, and enter into 
    contracts with, public and nonprofit private entities.

                       (2) Structure of system

        A funding agreement for a grant under section 290ff(a) of this 
    title is that a system of care under paragraph (1) will--
            (A) be established in a community selected by the public 
        entity involved;
            (B) consist of such public agencies and nonprofit private 
        entities in the community as are necessary to ensure that each 
        of the services specified in subsection (c) of this section is 
        available to each child provided access to the system;
            (C) be established pursuant to agreements that the public 
        entity enters into with the agencies and entities described in 
        subparagraph (B);
            (D) coordinate the provision of the services of the system; 
        and
            (E) establish an office whose functions are to serve as the 
        location through which children are provided access to the 
        system, to coordinate the provision of services of the system, 
        and to provide information to the public regarding the system.

             (3) Collaboration of local public entities

        A funding agreement for a grant under section 290ff(a) of this 
    title is that, for purposes of the establishment and operation of a 
    system of care under paragraph (1), the public entity involved will 
    seek collaboration among all public agencies that provide human 
    services in the community in which the system is established, 
    including but not limited to those providing mental health services, 
    educational services, child welfare services, or juvenile justice 
    services.

(b) Limitation on age of children provided access to system

    A funding agreement for a grant under section 290ff(a) of this title 
is that a system of care under subsection (a) of this section will not 
provide an individual with access to the system if the individual is 
more than 21 years of age.

(c) Required mental health services of system

    A funding agreement for a grant under section 290ff(a) of this title 
is that mental health services provided by a system of care under 
subsection (a) of this section will include, with respect to a serious 
emotional disturbance in a child--
        (1) diagnostic and evaluation services;
        (2) outpatient services provided in a clinic, office, school or 
    other appropriate location, including individual, group and family 
    counseling services, professional consultation, and review and 
    management of medications;
        (3) emergency services, available 24-hours a day, 7 days a week;
        (4) intensive home-based services for children and their 
    families when the child is at imminent risk of out-of-home 
    placement;
        (5) intensive day-treatment services;
        (6) respite care;
        (7) therapeutic foster care services, and services in 
    therapeutic foster family homes or individual therapeutic 
    residential homes, and groups homes caring for not more than 10 
    children; and
        (8) assisting the child in making the transition from the 
    services received as a child to the services to be received as an 
    adult.

(d) Required arrangements regarding other appropriate services

                           (1) In general

        A funding agreement for a grant under section 290ff(a) of this 
    title is that--
            (A) a system of care under subsection (a) of this section 
        will enter into a memorandum of understanding with each of the 
        providers specified in paragraph (2) in order to facilitate the 
        availability of the services of the provider involved to each 
        child provided access to the system; and
            (B) the grant under such section 290ff(a) of this title, and 
        the non-Federal contributions made with respect to the grant, 
        will not be expended to pay the costs of providing such non-
        mental health services to any individual.

           (2) Specification of non-mental health services

        The providers referred to in paragraph (1) are providers of 
    medical services other than mental health services, providers of 
    educational services, providers of vocational counseling and 
    vocational rehabilitation services, and providers of protection and 
    advocacy services with respect to mental health.

          (3) Facilitation of services of certain programs

        A funding agreement for a grant under section 290ff(a) of this 
    title is that a system of care under subsection (a) of this section 
    will, for purposes of paragraph (1), enter into a memorandum of 
    understanding regarding facilitation of--
            (A) services available pursuant to title XIX of the Social 
        Security Act [42 U.S.C. 1396 et seq.], including services 
        regarding early periodic screening, diagnosis, and treatment;
            (B) services available under parts B [20 U.S.C. 1411 et 
        seq.] and H \1\ of the Individuals with Disabilities Education 
        Act; and
            (C) services available under other appropriate programs, as 
        identified by the Secretary.

(e) General provisions regarding services of system

                    (1) Case management services

        A funding agreement for a grant under section 290ff(a) of this 
    title is that a system of care under subsection (a) of this section 
    will provide for the case management of each child provided access 
    to the system in order to ensure that--
            (A) the services provided through the system to the child 
        are coordinated and that the need of each such child for the 
        services is periodically reassessed;
            (B) information is provided to the family of the child on 
        the extent of progress being made toward the objectives 
        established for the child under the plan of services implemented 
        for the child pursuant to section 290ff-2 of this title; and
            (C) the system provides assistance with respect to--
                (i) establishing the eligibility of the child, and the 
            family of the child, for financial assistance and services 
            under Federal, State, or local programs providing for health 
            services, mental health services, educational services, 
            social services, or other services; and
                (ii) seeking to ensure that the child receives 
            appropriate services available under such programs.

                        (2) Other provisions

        A funding agreement for a grant under section 290ff(a) of this 
    title is that a system of care under subsection (a) of this section, 
    in providing the services of the system, will--
            (A) provide the services of the system in the cultural 
        context that is most appropriate for the child and family 
        involved;
            (B) ensure that individuals providing such services to the 
        child can effectively communicate with the child and family in 
        the most direct manner;
            (C) provide the services without discriminating against the 
        child or the family of the child on the basis of race, religion, 
        national origin, sex, disability, or age;
            (D) seek to ensure that each child provided access to the 
        system of care remains in the least restrictive, most normative 
        environment that is clinically appropriate; and
            (E) provide outreach services to inform individuals, as 
        appropriate, of the services available from the system, 
        including identifying children with a serious emotional 
        disturbance who are in the early stages of such disturbance.

                      (3) Rule of construction

        An agreement made under paragraph (2) may not be construed--
            (A) with respect to subparagraph (C) of such paragraph--
                (i) to prohibit a system of care under subsection (a) of 
            this section from requiring that, in housing provided by the 
            grantee for purposes of residential treatment services 
            authorized under subsection (c) of this section, males and 
            females be segregated to the extent appropriate in the 
            treatment of the children involved; or
                (ii) to prohibit the system of care from complying with 
            the agreement made under subsection (b) of this section; or

            (B) with respect to subparagraph (D) of such paragraph, to 
        authorize the system of care to expend the grant under section 
        290ff(a) of this title (or the non-Federal contributions made 
        with respect to the grant) to provide legal services or any 
        service with respect to which expenditures regarding the grant 
        are prohibited under subsection (d)(1)(B) of this section.

(f) Restrictions on use of grant

    A funding agreement for a grant under section 290ff(a) of this title 
is that the grant, and the non-Federal contributions made with respect 
to the grant, will not be expended--
        (1) to purchase or improve real property (including the 
    construction or renovation of facilities);
        (2) to provide for room and board in residential programs 
    serving 10 or fewer children;
        (3) to provide for room and board or other services or 
    expenditures associated with care of children in residential 
    treatment centers serving more than 10 children or in inpatient 
    hospital settings, except intensive home-based services and other 
    services provided on an ambulatory or outpatient basis; or
        (4) to provide for the training of any individual, except 
    training authorized in section 290ff-3(a)(2) of this title and 
    training provided through any appropriate course in continuing 
    education whose duration does not exceed 2 days.

(July 1, 1944, ch. 373, title V, Sec. 562, as added Pub. L. 102-321, 
title I, Sec. 119, July 10, 1992, 106 Stat. 351.)

                       References in Text

    The Social Security Act, referred to in subsec. (d)(3)(A), is act 
Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title XIX of the Act 
is classified generally to subchapter XIX (Sec. 1396 et seq.) of chapter 
7 of this title. For complete classification of this Act to the Code, 
see section 1305 of this title and Tables.
    The Individuals with Disabilities Education Act, referred to in 
subsec. (d)(3)(B), is title VI of Pub. L. 91-230, Apr. 13, 1970, 84 
Stat. 175, as amended. Part B of the Act is classified generally to 
subchapter II (Sec. 1411 et seq.) of chapter 33 of Title 20, Education. 
Part H of the Act was classified generally to subchapter VIII (Sec. 1471 
et seq.) of chapter 33 of Title 20 prior to repeal by Pub. L. 105-17, 
title II, Sec. 203(b), June 4, 1997, 111 Stat. 157, effective July 1, 
1998. For complete classification of this Act to the Code, see section 
1400 of Title 20 and Tables.


                             Effective Date

    Section effective Oct. 1, 1992, with provision for programs 
providing financial assistance, see section 801(c), (d) of Pub. L. 102-
321, set out as an Effective Date of 1992 Amendment note under section 
236 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 290ff-2, 290ff-3, 290ff-4 of 
this title.


General Information Federal Coordination and Compliance
Federal Coordination and Compliance
Title VI Hotline: 1-888-TITLE-06
(1-888-848-5306) (Voice / TTY)
Leadership
Deeana Jang
Chief
Contact
U.S. Department of Justice
Civil Rights Division
Federal Coordination and Compliance Section, NWB
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530

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