---
kind: "section"
citation: "42 U.S.C. § 290ff–1"
title: "42"
title_heading: "The Public Health and Welfare"
number: "290ff–1"
heading: "Requirements with respect to carrying out purpose of grants"
release: "119-102"
url: "https://uscodex.org/usc/42/290ff-1"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter III–A — Substance Abuse and Mental Health Services Administration"
  - "Part E — Children With Serious Emotional Disturbances"
---

# §290ff–1. Requirements with respect to carrying out purpose of grants

- (a) **Systems of comprehensive care—**
  - (1) **In general—** A [funding agreement](/usc/42/290ff–4.md?p=d-3) for a grant under [section 290ff(a) of this title](/usc/42/290ff.md?p=a) is that, with respect to [children with a serious emotional disturbance](/usc/42/300x–8.md?p=1), the [public entity](/usc/42/290ff.md?p=a-2) 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](/usc/42/201.md?p=a) specified in [subsection (c)](#c) available to each [child](/usc/42/290ff–4.md?p=d-1) provided access to the system. In providing for such a system, the [public entity](/usc/42/290ff.md?p=a-2) may make grants to, and enter into contracts with, public and nonprofit [private entities](/usc/42/12181.md?p=6).
  - (2) **Structure of system—** A [funding agreement](/usc/42/290ff–4.md?p=d-3) for a grant under [section 290ff(a) of this title](/usc/42/290ff.md?p=a) is that a system of care under [paragraph (1)](#a-1) will—
    - (A) be established in a community selected by the [public entity](/usc/42/290ff.md?p=a-2) involved;
    - (B) consist of such [public agencies](/usc/42/11851.md?p=8) and nonprofit [private entities](/usc/42/12181.md?p=6) in the community as are necessary to ensure that each of the [services](/usc/42/201.md?p=a) specified in [subsection (c)](#c) is available to each [child](/usc/42/290ff–4.md?p=d-1) provided access to the system;
    - (C) be established pursuant to [agreements](/usc/42/1320b–8.md?p=a-3-A) that the [public entity](/usc/42/290ff.md?p=a-2) enters into with the agencies and entities described in [subparagraph (B)](#a-2-B);
    - (D) coordinate the provision of the [services](/usc/42/201.md?p=a) of the system; and
    - (E) establish an [office](/usc/42/3058f.md?p=1) whose functions are to serve as the location through which [children](/usc/42/256e.md?p=g-2) are provided access to the system, to coordinate the provision of [services](/usc/42/201.md?p=a) of the system, and to provide information to the public regarding the system.
  - (3) **Collaboration of local public entities—** A [funding agreement](/usc/42/290ff–4.md?p=d-3) for a grant under [section 290ff(a) of this title](/usc/42/290ff.md?p=a) is that, for purposes of the establishment and operation of a system of care under [paragraph (1)](#a-1), the [public entity](/usc/42/290ff.md?p=a-2) involved will seek collaboration among all [public agencies](/usc/42/11851.md?p=8) that provide human [services](/usc/42/201.md?p=a) in the community in which the system is established, including but not limited to those providing mental health [services](/usc/42/201.md?p=a), educational [services](/usc/42/201.md?p=a), [child](/usc/42/290ff–4.md?p=d-1) welfare [services](/usc/42/201.md?p=a), or juvenile justice [services](/usc/42/201.md?p=a).
- (b) **Limitation on age of children provided access to system—** A [funding agreement](/usc/42/290ff–4.md?p=d-3) for a grant under [section 290ff(a) of this title](/usc/42/290ff.md?p=a) is that a system of care under [subsection (a)](#a) will provide an individual with access to the system through the age of 21 years.
- (c) **Required mental health services of system—** A [funding agreement](/usc/42/290ff–4.md?p=d-3) for a grant under [section 290ff(a) of this title](/usc/42/290ff.md?p=a) is that mental health [services](/usc/42/201.md?p=a) provided by a system of care under [subsection (a)](#a) will include, with respect to a [serious emotional disturbance](/usc/42/290ff–4.md?p=d-4) in a [child](/usc/42/290ff–4.md?p=d-1)—
  - (1) diagnostic and evaluation [services](/usc/42/201.md?p=a);
  - (2) outpatient [services](/usc/42/201.md?p=a) provided in a clinic, [office](/usc/42/3058f.md?p=1), [school](/usc/42/6372.md?p=1) or other appropriate location, including individual, group and [family](/usc/42/290ff–4.md?p=d-2) counseling [services](/usc/42/201.md?p=a), professional consultation, and review and management of medications;
  - (3) emergency [services](/usc/42/201.md?p=a), available 24-hours a day, 7 days a week;
  - (4) intensive home-based [services](/usc/42/201.md?p=a) for [children](/usc/42/256e.md?p=g-2) and their [families](/usc/42/12704.md?p=11) when the [child](/usc/42/290ff–4.md?p=d-1) is at imminent risk of out-of-home [placement](/usc/42/300gg–91.md?p=d-12);
  - (5) intensive day-[treatment services](/usc/42/300x–34.md?p=7);
  - (6) respite care;
  - (7) therapeutic foster care [services](/usc/42/201.md?p=a), and [services](/usc/42/201.md?p=a) in therapeutic foster [family](/usc/42/290ff–4.md?p=d-2) homes or individual therapeutic residential homes, and groups homes caring for not more than 10 [children](/usc/42/256e.md?p=g-2); and
  - (8) assisting the [child](/usc/42/290ff–4.md?p=d-1) in making the transition from the [services](/usc/42/201.md?p=a) received as a [child](/usc/42/290ff–4.md?p=d-1) to the [services](/usc/42/201.md?p=a) to be received as an adult.
- (d) **Required arrangements regarding other appropriate services—**
  - (1) **In general—** A [funding agreement](/usc/42/290ff–4.md?p=d-3) for a grant under [section 290ff(a) of this title](/usc/42/290ff.md?p=a) is that—
    - (A) a system of care under [subsection (a)](#a) will enter into a memorandum of understanding with each of the providers specified in [paragraph (2)](#d-2) in order to facilitate the availability of the [services](/usc/42/201.md?p=a) of the provider involved to each [child](/usc/42/290ff–4.md?p=d-1) provided access to the system; and
    - (B) the grant under such [section 290ff(a) of this title](/usc/42/290ff.md?p=a), 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](/usc/42/201.md?p=a) to any individual.
  - (2) **Specification of non-mental health services—** The providers referred to in [paragraph (1)](#d-1) are providers of medical [services](/usc/42/201.md?p=a) other than mental health [services](/usc/42/201.md?p=a), providers of educational [services](/usc/42/201.md?p=a), providers of vocational counseling and vocational rehabilitation [services](/usc/42/201.md?p=a), and providers of protection and advocacy [services](/usc/42/201.md?p=a) with respect to mental health.
  - (3) **Facilitation of services of certain programs—** A [funding agreement](/usc/42/290ff–4.md?p=d-3) for a grant under [section 290ff(a) of this title](/usc/42/290ff.md?p=a) is that a system of care under [subsection (a)](#a) will, for purposes of [paragraph (1)](#d-1), enter into a memorandum of understanding regarding facilitation of—
    - (A) [services](/usc/42/201.md?p=a) available pursuant to title XIX of the Social Security Act [[42 U.S.C. 1396](/usc/42/1396.md) et seq.], including [services](/usc/42/201.md?p=a) regarding early periodic screening, diagnosis, and [treatment](/usc/42/11851.md?p=11);
    - (B) [services](/usc/42/201.md?p=a) available under parts B and C of the Individuals with Disabilities Education Act [[20 U.S.C. 1411](/usc/20/1411.md) et seq., 1431 et seq.]; and
    - (C) [services](/usc/42/201.md?p=a) available under other appropriate [programs](/usc/42/274l–1.md?p=4), as identified by the [Secretary](/usc/42/201.md?p=c).
- (e) **General provisions regarding services of system—**
  - (1) **Case management services—** A [funding agreement](/usc/42/290ff–4.md?p=d-3) for a grant under [section 290ff(a) of this title](/usc/42/290ff.md?p=a) is that a system of care under [subsection (a)](#a) will provide for the case management of each [child](/usc/42/290ff–4.md?p=d-1) provided access to the system in order to ensure that—
    - (A) the [services](/usc/42/201.md?p=a) provided through the system to the [child](/usc/42/290ff–4.md?p=d-1) are coordinated and that the need of each such [child](/usc/42/290ff–4.md?p=d-1) for the [services](/usc/42/201.md?p=a) is periodically reassessed;
    - (B) information is provided to the [family](/usc/42/290ff–4.md?p=d-2) of the [child](/usc/42/290ff–4.md?p=d-1) on the extent of progress being made toward the objectives established for the [child](/usc/42/290ff–4.md?p=d-1) under the plan of [services](/usc/42/201.md?p=a) implemented for the [child](/usc/42/290ff–4.md?p=d-1) pursuant to [section 290ff–2 of this title](/usc/42/290ff–2.md); and
    - (C) the system provides assistance with respect to—
      - (i) establishing the eligibility of the [child](/usc/42/290ff–4.md?p=d-1), and the [family](/usc/42/290ff–4.md?p=d-2) of the [child](/usc/42/290ff–4.md?p=d-1), for financial assistance and [services](/usc/42/201.md?p=a) under Federal, [State](/usc/42/300gg–91.md?p=d-14), or local [programs](/usc/42/274l–1.md?p=4) providing for health [services](/usc/42/201.md?p=a), mental health [services](/usc/42/201.md?p=a), educational [services](/usc/42/201.md?p=a), social [services](/usc/42/201.md?p=a), or other [services](/usc/42/201.md?p=a); and
      - (ii) seeking to ensure that the [child](/usc/42/290ff–4.md?p=d-1) receives appropriate [services](/usc/42/201.md?p=a) available under such [programs](/usc/42/274l–1.md?p=4).
  - (2) **Other provisions—** A [funding agreement](/usc/42/290ff–4.md?p=d-3) for a grant under [section 290ff(a) of this title](/usc/42/290ff.md?p=a) is that a system of care under [subsection (a)](#a), in providing the [services](/usc/42/201.md?p=a) of the system, will—
    - (A) provide the [services](/usc/42/201.md?p=a) of the system in the cultural context that is most appropriate for the [child](/usc/42/290ff–4.md?p=d-1) and [family](/usc/42/290ff–4.md?p=d-2) involved;
    - (B) ensure that individuals providing such [services](/usc/42/201.md?p=a) to the [child](/usc/42/290ff–4.md?p=d-1) can effectively communicate with the [child](/usc/42/290ff–4.md?p=d-1) and [family](/usc/42/290ff–4.md?p=d-2) in the most direct manner;
    - (C) provide the [services](/usc/42/201.md?p=a) without discriminating against the [child](/usc/42/290ff–4.md?p=d-1) or the [family](/usc/42/290ff–4.md?p=d-2) of the [child](/usc/42/290ff–4.md?p=d-1) on the basis of race, religion, national origin, sex, disability, or age;
    - (D) seek to ensure that each [child](/usc/42/290ff–4.md?p=d-1) provided access to the system of care remains in the least restrictive, most normative environment that is clinically appropriate; and
    - (E) provide outreach [services](/usc/42/201.md?p=a) to inform individuals, as appropriate, of the [services](/usc/42/201.md?p=a) available from the system, including identifying [children with a serious emotional disturbance](/usc/42/300x–8.md?p=1) who are in the early stages of such disturbance.
  - (3) **Rule of construction—** An [agreement](/usc/42/1320b–8.md?p=a-3-A) made under [paragraph (2)](#e-2) may not be construed—
    - (A) with respect to subparagraph (C) of such paragraph—
      - (i) to prohibit a system of care under [subsection (a)](#a) from requiring that, in [housing](/usc/42/1490p–2.md?p=r-3) provided by the grantee for purposes of residential [treatment services](/usc/42/300x–34.md?p=7) authorized under [subsection (c)](#c), males and females be segregated to the extent appropriate in the [treatment](/usc/42/11851.md?p=11) of the [children](/usc/42/256e.md?p=g-2) involved; or
      - (ii) to prohibit the system of care from complying with the [agreement](/usc/42/1320b–8.md?p=a-3-A) made under [subsection (b)](#b); 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](/usc/42/290ff.md?p=a) (or the non-Federal contributions made with respect to the grant) to provide legal [services](/usc/42/201.md?p=a) or any [service](/usc/42/201.md?p=a) with respect to which expenditures regarding the grant are prohibited under [subsection (d)(1)(B)](#d-1-B).
- (f) **Restrictions on use of grant—** A [funding agreement](/usc/42/290ff–4.md?p=d-3) for a grant under [section 290ff(a) of this title](/usc/42/290ff.md?p=a) 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](/usc/42/7479.md?p=2-C) or renovation of [facilities](/usc/42/11049.md?p=4));
  - (2) to provide for room and [board](/usc/42/10261.md?p=2) in residential [programs](/usc/42/274l–1.md?p=4) serving 10 or fewer [children](/usc/42/256e.md?p=g-2);
  - (3) to provide for room and [board](/usc/42/10261.md?p=2) or other [services](/usc/42/201.md?p=a) or expenditures associated with care of [children](/usc/42/256e.md?p=g-2) in residential [treatment](/usc/42/11851.md?p=11) centers serving more than 10 [children](/usc/42/256e.md?p=g-2) or in inpatient [hospital](/usc/42/1395dd.md?p=e-5) settings, except intensive home-based [services](/usc/42/201.md?p=a) and other [services](/usc/42/201.md?p=a) provided on an ambulatory or outpatient basis; or
  - (4) to provide for the [training](/usc/42/285e–2.md?p=b-2) of any individual, except [training](/usc/42/285e–2.md?p=b-2) authorized in [section 290ff–3(a)(2) of this title](/usc/42/290ff–3.md?p=a-2) and [training](/usc/42/285e–2.md?p=b-2) provided through any appropriate course in continuing education whose duration does not exceed 2 days.
- (g) **Waivers—** The [Secretary](/usc/42/201.md?p=c) may waive one or more of the requirements of [subsection (c)](#c) for a [public entity](/usc/42/290ff.md?p=a-2) that is an [Indian Tribe](/usc/42/300f.md?p=14) or [tribal organization](/usc/42/629a.md?p=a-6), or American Samoa, Guam, the Marshall Islands, the Federated [States](/usc/42/300gg–91.md?p=d-14) of Micronesia, the Commonwealth of the Northern Mariana Islands, the Republic of Palau, or the [United States](/usc/42/403.md?p=k) Virgin Islands if the [Secretary](/usc/42/201.md?p=c) determines, after peer review, that the system of care is [family](/usc/42/290ff–4.md?p=d-2)-centered and uses the least restrictive environment that is clinically appropriate.

## Source credit

(July 1, 1944, ch. 373, title V, § 562, as added Pub. L. 102–321, title I, § 119, July 10, 1992, 106 Stat. 351; amended Pub. L. 106–310, div. B, title XXXI, § 3105(b), Oct. 17, 2000, 114 Stat. 1175; Pub. L. 108–446, title III, § 305(i)(4), Dec. 3, 2004, 118 Stat. 2806; Pub. L. 114–255, div. B, title X, § 10001(b), Dec. 13, 2016, 130 Stat. 1262.)

## Notes

### Editorial Notes

### References in Text

The Social Security Act, referred to in subsec. (d)(3)(A), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XIX of the Act is classified generally to subchapter XIX (§ 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. Parts B and C of the Act are classified generally to subchapters II (§ 1411 et seq.) and III (§ 1431 et seq.), respectively, of chapter 33 of Title 20, Education. For complete classification of this Act to the Code, see section 1400 of Title 20 and Tables.

### Amendments

2016—Subsec. (b). Pub. L. 114–255 substituted “will provide an individual with access to the system through the age of 21 years” for “will not provide an individual with access to the system if the individual is more than 21 years of age”.

2004—Subsec. (d)(3)(B). Pub. L. 108–446 substituted “and C” for “and H”.

2000—Subsec. (g). Pub. L. 106–310 added subsec. (g).

### Statutory Notes and Related Subsidiaries

### 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.