Coordination and Review Section
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.
