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42 U.S.C. § 3058j — State legal assistance development

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3058j — State legal assistance development

A State agency shall provide the services of an individual who shall be known as a State legal assistance developer, and the services of other personnel, sufficient to ensure— (1) State leadership in securing and maintaining the legal rights of older individuals; (2) State capacity for coordinating the provision of legal assistance; (3) State capacity to provide technical assistance, training, and other supportive functions to area agencies on aging, legal assistance providers, ombudsmen, and other persons, as appropriate; (4) State capacity to promote financial management services to older individuals at risk of conservatorship; (5) State capacity to assist older individuals in understanding their rights, exercising choices, benefiting from services and opportunities authorized by law, and maintaining the rights of older individuals at risk of guardianship; and (6) State capacity to improve the quality and quantity of legal services provided to older individuals.

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Source file: Laws/federal/codes/united-states-code/title-42/section-3058j-state-legal-assistance-development--05895cf72c.md
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Source location: Title 42, Chapter 35, § 3058j; chapter-035-programs-for-older-americans.md

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1397k — Definitions

In this division: (1) **Abuse** — The term “abuse” means the knowing infliction of physical or psychological harm or the knowing deprivation of goods or services that are necessary to meet essential needs or to avoid physical or psychological harm. (2) **Adult protective services** — The term “adult protective services” means such services provided to adults as the Secretary may specify and includes services such as— (A) receiving reports of adult abuse, neglect, or exploitation; (B) investigating the reports described in subparagraph (A); (C) case planning, monitoring, evaluation, and other case work and services; and (D) providing, arranging for, or facilitating the provision of medical, social service, economic, legal, housing, law enforcement, or other protective, emergency, or support services. (3) **Caregiver** — The term “caregiver” means an individual who has the responsibility for the care of an elder, either voluntarily, by contract, by receipt of payment for care, or as a result of the operation of law, and means a family member or other individual who provides (on behalf of such individual or of a public or private agency, organization, or institution) compensated or uncompensated care to an elder who needs supportive services in any setting. (4) **Direct care** — The term “direct care” means care by an employee or contractor who provides assistance or long-term care services to a recipient. (5) **Elder** — The term “elder” means an individual age 60 or older. (6) **Elder justice** — The term “elder justice” means— (A) from a societal perspective, efforts to— (i) prevent, detect, treat, intervene in, and prosecute elder abuse, neglect, and exploitation; and (ii) protect elders with diminished capacity while maximizing their aut

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3012 — Functions of Assistant Secretary

**(a) Duties and functions of Administration** It shall be the duty and function of the Administration to— (1) serve as the effective and visible advocate for older individuals within the Department of Health and Human Services and with other departments, agencies, and instrumentalities of the Federal Government by maintaining active review and commenting responsibilities over all Federal policies affecting older individuals; (2) collect and disseminate information related to problems of the aged and aging; (3) directly assist the Secretary in all matters pertaining to problems of the aged and aging; (4) administer the grants provided by this chapter, but not approve an application submitted by an applicant for a grant for an activity under a provision of this chapter for which such applicant previously received a grant under such provision unless the Assistant Secretary determines— (A) the activity for which such application was submitted is being operated, or was operated, effectively to achieve its stated purpose; and (B) such applicant has complied with the assurances provided to the Assistant Secretary with the application for such previous grant.11 So in original. The period probably should be a semicolon. (5) develop plans, conduct and arrange for research in the field of aging, and assist in the establishment and implementation of programs designed to meet the health and economic needs of older individuals for supportive services, including nutrition, hospitalization, education and training services (including preretirement training, and continuing education), cultural experiences, activities, and services, including in the arts, low-cost transportation and housing, assistive technology, and health (including mental and behavioral health) services; (

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3058j — State legal assistance development

Page 5831 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3058aa Subsec. (b)(10) to (12). Pub. L. 109–365, § 702(2)(D)–(F), added pars. (10) to (12). Subsec. (e)(2). Pub. L. 109–365, § 702(3), substituted ‘‘subsection (b)(9)(B)(i)’’ for ‘‘subsection (b)(8)(B)(i)’’ and ‘‘subsection (b)(9)(B)(ii)’’ for ‘‘subsection (b)(8)(B)(ii)’’. Subsecs. (h) to (j). Pub. L. 109–365, § 702(4), added sub- secs. (h) to (j). 2000—Subsec. (a). Pub. L. 106–501, § 801(e)(3), sub- stituted ‘‘section 3058a of this title and made available to carry out this subpart’’ for ‘‘section 3058a(b) of this title’’. Subsec. (b). Pub. L. 106–501, § 705(1)(A), in introduc- tory provisions, inserted ‘‘(including financial exploi- tation)’’ after ‘‘exploitation’’. Subsec. (b)(2). Pub. L. 106–501, § 705(1)(B), inserted ‘‘, State and local law enforcement systems, and courts of competent jurisdiction’’ after ‘‘service program’’. Subsec. (b)(5). Pub. L. 106–501, § 705(1)(C), inserted ‘‘in- cluding caregivers described in part E of subchapter III,’’ after ‘‘individuals,’’. Subsec. (d)(8). Pub. L. 106–501, § 705(2), inserted ‘‘State and local’’ before ‘‘law enforcement programs’’ and ‘‘, and services provided by agencies and courts of com- petent jurisdiction’’ before period at end. Subsec. (g). Pub. L. 106–501, § 705(3), added subsec. (g). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section inapplicable with respect to fiscal year 1992, see section 905(b)(6) of Pub. L. 102–375, set out as an Ef- fective Date of 1992 Amendment note under section 3001 of this title. DECLARATION OF PURPOSE Pub. L. 102–375, title VII, § 703(a), Sept. 30, 1992, 106 Stat. 1282, provided that: ‘‘The purpose of this section [enacting this subpart] is to assist States in the design, development, and c

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