Federal Coordination And Compliance 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.   

> >

Updated August 6, 2015