---
kind: "section"
citation: "42 U.S.C. § 290ff–3"
title: "42"
title_heading: "The Public Health and Welfare"
number: "290ff–3"
heading: "Additional provisions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/290ff-3"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter III–A — Substance Abuse and Mental Health Services Administration"
  - "Part E — Children With Serious Emotional Disturbances"
---

# §290ff–3. Additional provisions

- (a) **Optional services—** In addition to [services](/usc/42/201.md?p=a) described in subsection (c) of [section 290ff–1 of this title](/usc/42/290ff–1.md), a system of care under [subsection (a)](/usc/42/290ff–1.md?p=a) of such section may, in expending a grant under [section 290ff(a) of this title](/usc/42/290ff.md?p=a), provide for—
  - (1) preliminary assessments to determine whether a child should be provided access to the system;
  - (2) training in—
    - (A) the administration of the system;
    - (B) the provision of intensive home-based [services](/usc/42/201.md?p=a) under paragraph (4) of [section 290ff–1(c) of this title](/usc/42/290ff–1.md?p=c), intensive day [treatment](/usc/42/11851.md?p=11) under [paragraph (5)](/usc/42/290ff–1.md?p=c-5) of such section, and foster care or group homes under [paragraph (7)](/usc/42/290ff–1.md?p=c-7) of such section; and
    - (C) the development of individualized plans for purposes of [section 290ff–2 of this title](/usc/42/290ff–2.md);
  - (3) recreational activities for children provided access to the system; and
  - (4) such other [services](/usc/42/201.md?p=a) as may be appropriate in providing for the comprehensive needs with respect to mental health of children with a serious emotional disturbance.
- (b) **Comprehensive plan—** The [Secretary](/usc/42/201.md?p=c) may make a grant under [section 290ff(a) of this title](/usc/42/290ff.md?p=a) only if, with respect to the jurisdiction of the public entity involved, the entity has submitted to the [Secretary](/usc/42/201.md?p=c), and has had approved by the [Secretary](/usc/42/201.md?p=c), a plan for the development of a jurisdiction-wide system of care for community-based [services](/usc/42/201.md?p=a) for children with a serious emotional disturbance that specifies the progress the public entity has made in developing the jurisdiction-wide system, the extent of cooperation across [agencies](/usc/42/8262.md?p=1) serving children in the establishment of the system, the Federal and non-Federal resources currently committed to the establishment of the system, and the current gaps in community [services](/usc/42/201.md?p=a) and the manner in which the grant under [section 290ff(a) of this title](/usc/42/290ff.md?p=a) will be expended to address such gaps and establish local systems of care.
- (c) **Limitation on imposition of fees for 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, if a charge is imposed for the provision of [services](/usc/42/201.md?p=a) under the grant, such charge—
  - (1) will be made according to a schedule of charges that is made available to the public;
  - (2) will be adjusted to reflect the income of the family of the child involved; and
  - (3) will not be imposed on any child whose family has income and resources of equal to or less than 100 percent of the [official poverty line](/usc/42/254c–12.md?p=1), as established by the [Director](/usc/42/11851.md?p=5) of the Office of Management and Budget and revised by the [Secretary](/usc/42/201.md?p=c) in accordance with [section 9902(2) of this title](/usc/42/9902.md?p=2).
- (d) **Relationship to items and services under other 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 the grant, and the non-Federal contributions made with respect to the grant, will not be expended to make payment for any item or [service](/usc/42/201.md?p=a) to the extent that payment has been made, or can reasonably be expected to be made, with respect to such item or [service](/usc/42/201.md?p=a)—
  - (1) under any [State](/usc/42/201.md?p=f) compensation [program](/usc/42/274l–1.md?p=4), under an insurance policy, or under any Federal or [State](/usc/42/201.md?p=f) health benefits [program](/usc/42/274l–1.md?p=4); or
  - (2) by an entity that provides health [services](/usc/42/201.md?p=a) on a prepaid basis.
- (e) **Limitation on administrative expenses—** 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 not more than 2 percent of the grant will be expended for administrative expenses incurred with respect to the grant by the public entity involved.
- (f) **Reports to Secretary—** 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 public entity involved will annually submit to the [Secretary](/usc/42/201.md?p=c) (and provide a copy to the [State](/usc/42/201.md?p=f) involved) a report on the activities of the entity under the grant that includes a description of the number of children provided access to systems of care operated pursuant to the grant, the demographic characteristics of the children, the types and costs of [services](/usc/42/201.md?p=a) provided pursuant to the grant, the availability and use of third-party reimbursements, estimates of the unmet need for such [services](/usc/42/201.md?p=a) in the jurisdiction of the entity, and the manner in which the grant has been expended toward the establishment of a jurisdiction-wide system of care for children with a serious emotional disturbance, and such other information as the [Secretary](/usc/42/201.md?p=c) may require with respect to the grant.
- (g) **Description of intended uses of grant—** The [Secretary](/usc/42/201.md?p=c) may make a grant under [section 290ff(a) of this title](/usc/42/290ff.md?p=a) only if—
  - (1) the public entity involved submits to the [Secretary](/usc/42/201.md?p=c) a description of the purposes for which the entity intends to expend the grant;
  - (2) the description identifies the populations, areas, and localities in the jurisdiction of the entity with a need for [services](/usc/42/201.md?p=a) under this section; and
  - (3) the description provides information relating to the [services](/usc/42/201.md?p=a) and activities to be provided, including a description of the manner in which the [services](/usc/42/201.md?p=a) and activities will be coordinated with any similar [services](/usc/42/201.md?p=a) or activities of public or [nonprofit](/usc/42/300s–3.md?p=3) entities.
- (h) **Requirement of application—** The [Secretary](/usc/42/201.md?p=c) may make a grant under [section 290ff(a) of this title](/usc/42/290ff.md?p=a) only if an application for the grant is submitted to the [Secretary](/usc/42/201.md?p=c), the application contains the description of intended uses required in [subsection (g)](#g), and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the [Secretary](/usc/42/201.md?p=c) determines to be necessary to carry out this section.

## Source credit

(July 1, 1944, ch. 373, title V, § 564, as added Pub. L. 102–321, title I, § 119, July 10, 1992, 106 Stat. 355; amended Pub. L. 114–255, div. B, title X, § 10001(c), Dec. 13, 2016, 130 Stat. 1262.)

## Notes

### Editorial Notes

### Amendments

2016—Subsec. (f). Pub. L. 114–255 inserted “(and provide a copy to the State involved)” after “to the Secretary”.

### 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.