---
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"
date: "2026-07-12"
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/42/300x–64.md?p=a-2-A) 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, 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](/usc/42/201.md?p=a) specified in [subsection (c)](#c) 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](/usc/42/300s–3.md?p=3) private entities.
  - (2) **Structure of system—** A [funding agreement](/usc/42/300x–64.md?p=a-2-A) 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 involved;
    - (B) consist of such [public agencies](/usc/42/11851.md?p=8) and [nonprofit](/usc/42/300s–3.md?p=3) private entities 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 provided access to the system;
    - (C) be established pursuant to agreements that the public entity enters into with the [agencies](/usc/42/8262.md?p=1) 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 whose functions are to serve as the location through which children 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/42/300x–64.md?p=a-2-A) 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 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 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/42/300x–64.md?p=a-2-A) 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/42/300x–64.md?p=a-2-A) 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 in a child—
  - (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, [school](/usc/42/300j–21.md?p=6) or other appropriate location, including individual, group and family 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 and their families when the child is at imminent risk of out-of-home [placement](/usc/42/300gg–91.md?p=d-12);
  - (5) intensive day-[treatment](/usc/42/11851.md?p=11) [services](/usc/42/201.md?p=a);
  - (6) respite care;
  - (7) therapeutic foster [care services](/usc/42/300z–1.md?p=a-7), and [services](/usc/42/201.md?p=a) 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](/usc/42/201.md?p=a) received as a child 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/42/300x–64.md?p=a-2-A) 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](/usc/42/299b–21.md?p=8) specified in [paragraph (2)](#d-2) in order to facilitate the availability of the [services](/usc/42/201.md?p=a) of the [provider](/usc/42/299b–21.md?p=8) involved to each child 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](/usc/42/299b–21.md?p=8) referred to in [paragraph (1)](#d-1) are [providers](/usc/42/299b–21.md?p=8) of medical [services](/usc/42/201.md?p=a) other than mental health [services](/usc/42/201.md?p=a), [providers](/usc/42/299b–21.md?p=8) of educational [services](/usc/42/201.md?p=a), [providers](/usc/42/299b–21.md?p=8) of vocational counseling and vocational rehabilitation [services](/usc/42/201.md?p=a), and [providers](/usc/42/299b–21.md?p=8) 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/42/300x–64.md?p=a-2-A) 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/42/300x–64.md?p=a-2-A) 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 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 are coordinated and that the need of each such child for the [services](/usc/42/201.md?p=a) 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](/usc/42/201.md?p=a) implemented for the child 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, and the family of the child, for financial assistance and [services](/usc/42/201.md?p=a) under Federal, [State](/usc/42/201.md?p=f), 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 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/42/300x–64.md?p=a-2-A) 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 and family involved;
    - (B) ensure that individuals providing such [services](/usc/42/201.md?p=a) to the child can effectively communicate with the child and family in the most direct manner;
    - (C) provide the [services](/usc/42/201.md?p=a) 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](/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 who are in the early stages of such disturbance.
  - (3) **Rule of construction—** An agreement 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 provided by the grantee for purposes of residential [treatment](/usc/42/11851.md?p=11) [services](/usc/42/201.md?p=a) 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 involved; or
      - (ii) to prohibit the system of care from complying with the agreement 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/42/300x–64.md?p=a-2-A) 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/42/300s–3.md?p=7) or renovation of facilities);
  - (2) to provide for room and board in residential [programs](/usc/42/274l–1.md?p=4) serving 10 or fewer children;
  - (3) to provide for room and board or other [services](/usc/42/201.md?p=a) or expenditures associated with care of children in residential [treatment](/usc/42/11851.md?p=11) centers serving more than 10 children or in inpatient [hospital](/usc/42/300s–3.md?p=1) 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 of any individual, except training authorized in [section 290ff–3(a)(2) of this title](/usc/42/290ff–3.md?p=a-2) and training 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 that is an Indian Tribe or tribal organization, or American Samoa, Guam, the Marshall Islands, the Federated [States](/usc/42/201.md?p=f) of Micronesia, the Commonwealth of the Northern Mariana Islands, the Republic of Palau, or the United States Virgin Islands if the [Secretary](/usc/42/201.md?p=c) determines, after peer review, that the system of care is family-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.