§290ff. Comprehensive community mental health services for children with serious emotional disturbances — Inbound Citations

Citations to §290ff(a)

• 42 U.S.C. § 290ff–1(a)(1)

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  (1) 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) 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.
• 42 U.S.C. § 290ff–1(a)(2)

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  (2) 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) 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.
• 42 U.S.C. § 290ff–1(a)(3)

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  (3) 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.
• 42 U.S.C. § 290ff–1(b)

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  (b) A funding agreement for a grant under section 290ff(a) of this title is that a system of care under subsection (a) will provide an individual with access to the system through the age of 21 years.
• 42 U.S.C. § 290ff–1(c)

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  (c) 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) 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.
• 42 U.S.C. § 290ff–1(d)(1)

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  (1) A funding agreement for a grant under section 290ff(a) of this title is that—

  (A) a system of care under subsection (a) 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.
• 42 U.S.C. § 290ff–1(d)(1)(B)

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  (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.
• 42 U.S.C. § 290ff–1(d)(3)

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  (3) A funding agreement for a grant under section 290ff(a) of this title is that a system of care under subsection (a) 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 and C of the Individuals with Disabilities Education Act [20 U.S.C. 1411 et seq., 1431 et seq.]; and

  (C) services available under other appropriate programs, as identified by the Secretary.
• 42 U.S.C. § 290ff–1(e)(1)

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  (1) A funding agreement for a grant under section 290ff(a) of this title is that a system of care under subsection (a) 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.
• 42 U.S.C. § 290ff–1(e)(2)

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  (2) A funding agreement for a grant under section 290ff(a) of this title is that a system of care under subsection (a), 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.
• 42 U.S.C. § 290ff–1(e)(3)(B)

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  (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).
• 42 U.S.C. § 290ff–1(f)

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  (f) 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.
• 42 U.S.C. § 290ff–2(a)

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  (a) A funding agreement for a grant under section 290ff(a) of this title is that a system of care under section 290ff–1(a) of this title will develop and carry out an individualized plan of services for each child provided access to the system, and that the plan will be developed and carried out with the participation of the family of the child and, unless clinically inappropriate, with the participation of the child.
• 42 U.S.C. § 290ff–2(b)

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  (b) A funding agreement for a grant under section 290ff(a) of this title is that the plan required in subsection (a) will be developed, and reviewed and as appropriate revised not less than once each year, by a multidisciplinary team of appropriately qualified individuals who provide services through the system, including as appropriate mental health services, other health services, educational services, social services, and vocational counseling and rehabilitation;¹
• 42 U.S.C. § 290ff–2(c)

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  (c) A funding agreement for a grant under section 290ff(a) of this title is that, with respect to a plan under subsection (a) for a child, the multidisciplinary team required in subsection (b) will—

  (1) in developing, carrying out, reviewing, and revising the plan consider any individualized education program in effect for the child pursuant to part B of the Individuals with Disabilities Education Act [42 U.S.C. 1411) et seq.];

  (2) ensure that the plan is consistent with such individualized education program and provides for coordinating services under the plan with services under such program; and

  (3) ensure that the memorandum of understanding entered into under section 290ff–1(d)(3)(B) of this title regarding such Act [20 U.S.C. 1400 et seq.] includes provisions regarding compliance with this subsection.
• 42 U.S.C. § 290ff–2(d)

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  (d) A funding agreement for a grant under section 290ff(a) of this title is that the plan required in subsection (a) for a child will—

  (1) identify and state the needs of the child for the services available pursuant to section 290ff–1 of this title through the system;

  (2) provide for each of such services that is appropriate to the circumstances of the child, including, except in the case of children who are less than 14 years of age, the provision of appropriate vocational counseling and rehabilitation, and transition services (as defined in section 602 [20 U.S.C. 1401] of the Individuals with Disabilities Education Act);

  (3) establish objectives to be achieved regarding the needs of the child and the methodology for achieving the objectives; and

  (4) designate an individual to be responsible for providing the case management required in section 290ff–1(e)(1) of this title or certify that case management services will be provided to the child as part of the individualized education program of the child under the Individuals with Disabilities Education Act [20 U.S.C. 1400 et seq.].
• 42 U.S.C. § 290ff–3(a)

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  (a) In addition to services described in subsection (c) of section 290ff–1 of this title, a system of care under subsection (a) of such section may, in expending a grant under section 290ff(a) of this title, 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 under paragraph (4) of section 290ff–1(c) of this title, intensive day treatment under paragraph (5) of such section, and foster care or group homes under paragraph (7) of such section; and

  (C) the development of individualized plans for purposes of section 290ff–2 of this title;

  (3) recreational activities for children provided access to the system; and

  (4) such other services as may be appropriate in providing for the comprehensive needs with respect to mental health of children with a serious emotional disturbance.
• 42 U.S.C. § 290ff–3(b)

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  (b) The Secretary may make a grant under section 290ff(a) of this title only if, with respect to the jurisdiction of the public entity involved, the entity has submitted to the Secretary, and has had approved by the Secretary, a plan for the development of a jurisdiction-wide system of care for community-based services 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 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 and the manner in which the grant under section 290ff(a) of this title will be expended to address such gaps and establish local systems of care.
• 42 U.S.C. § 290ff–3(c)

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  (c) A funding agreement for a grant under section 290ff(a) of this title is that, if a charge is imposed for the provision of services 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, as established by the Director of the Office of Management and Budget and revised by the Secretary in accordance with section 9902(2) of this title.
• 42 U.S.C. § 290ff–3(d)

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  (d) 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 to make payment for any item or service to the extent that payment has been made, or can reasonably be expected to be made, with respect to such item or service—

  (1) under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or

  (2) by an entity that provides health services on a prepaid basis.
• 42 U.S.C. § 290ff–3(e)

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  (e) A funding agreement for a grant under section 290ff(a) of this title 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.
• 42 U.S.C. § 290ff–3(f)

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  (f) A funding agreement for a grant under section 290ff(a) of this title is that the public entity involved will annually submit to the Secretary (and provide a copy to the State 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 provided pursuant to the grant, the availability and use of third-party reimbursements, estimates of the unmet need for such services 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 may require with respect to the grant.
• 42 U.S.C. § 290ff–3(g)

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  (g) The Secretary may make a grant under section 290ff(a) of this title only if—

  (1) the public entity involved submits to the Secretary 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 under this section; and

  (3) the description provides information relating to the services and activities to be provided, including a description of the manner in which the services and activities will be coordinated with any similar services or activities of public or nonprofit entities.
• 42 U.S.C. § 290ff–3(h)

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  (h) The Secretary may make a grant under section 290ff(a) of this title only if an application for the grant is submitted to the Secretary, the application contains the description of intended uses required in subsection (g), and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section.
• 42 U.S.C. § 290ff–4(a)

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  (a) The period during which payments are made to a public entity from a grant under section 290ff(a) of this title may not exceed 6 fiscal years.
• 42 U.S.C. § 290ff–4(b)(1)

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  (1) The Secretary shall, upon the request of a public entity, regardless of whether such public entity is receiving a grant under section 290ff(a) of this title—

  (A) provide technical assistance to the entity regarding the process of submitting to the Secretary applications for grants under section 290ff(a) of this title; and

  (B) provide to the entity training and technical assistance with respect to the planning, development, and operation of systems of care described in section 290ff–1 of this title.
• 42 U.S.C. § 290ff–4(b)(1)(A)

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  (A) provide technical assistance to the entity regarding the process of submitting to the Secretary applications for grants under section 290ff(a) of this title; and
• 42 U.S.C. § 290ff–4(c)(1)

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  (1) The Secretary shall, directly or through contracts with public or private entities, provide for annual evaluations of programs carried out pursuant to section 290ff(a) of this title. The evaluations shall assess the effectiveness of the systems of care operated pursuant to such section, including longitudinal studies of outcomes of services provided by such systems, other studies regarding such outcomes, the effect of activities under this part on the utilization of hospital and other institutional settings, the barriers to and achievements resulting from interagency collaboration in providing community-based services to children with a serious emotional disturbance, and assessments by parents of the effectiveness of the systems of care.
• 42 U.S.C. § 290ff–4(d)(3)

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  (3) The term “funding agreement”, with respect to a grant under section 290ff(a) of this title to a public entity, means that the Secretary may make such a grant only if the public entity makes the agreement involved.