42 U.S.C. § 5116a — Eligibility

Page 6345 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5116a prevention programs’’ for ‘‘the network of community- based family resource and support program’’. Subsec. (b)(4). Pub. L. 111–320, § 132(2)(E), inserted ‘‘and reporting’’ after ‘‘information management’’ and struck out comma after ‘‘prevention-focused’’ and ‘‘(through networks where appropriate)’’ after ‘‘child abuse and neglect’’. 2003—Subsec. (a)(1). Pub. L. 108–36, § 121(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘to support State efforts to develop, operate, expand and enhance a network of community-based, prevention-focused, family resource and support pro- grams that coordinate resources among existing edu- cation, vocational rehabilitation, disability, respite care, health, mental health, job readiness, self-suffi- ciency, child and family development, community ac- tion, Head Start, child care, child abuse and neglect prevention, juvenile justice, domestic violence preven- tion and intervention, housing, and other human serv- ice organizations within the State; and’’. Subsec. (b)(1). Pub. L. 108–36, § 121(b)(1)(A), in intro- ductory provisions, substituted ‘‘community-based and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect (through networks where appropriate) that are accessible, effective, culturally appropriate, and build upon existing strengths that’’ for ‘‘Statewide net- works of community-based, prevention-focused, family resource and support programs that’’. Subsec. (b)(1)(G), (H). Pub. L. 108–36, § 121(b)(1)(B), (C), added subpars. (G) and (H) and struck out former sub- par. (G) which read as follows: ‘‘decrease the risk of homelessness;’’. Subsec. (b)(4). Pub. L. 108–36, § 121(b)(2), inserted ‘‘through leveraging of funds’’ after ‘‘maximizing fund- ing’’ and substituted ‘‘community-based and preven- tion-focused’’ for ‘‘a Statewide network of community- based, prevention-focused’’ and ‘‘programs and activi- ties designed to strengthen and support families to pre- vent child abuse and neglect (through networks where appropriate)’’ for ‘‘family resource and support pro- gram’’. § 5116a. Eligibility A State shall be eligible for a grant under this subchapter for a fiscal year if— (1)(A) the Governor of the State has des- ignated a lead entity to administer funds under this subchapter for the purposes identi- fied under the authority of this subchapter, in- cluding to develop, implement, operate, en- hance, or expand community-based and pre- vention-focused, programs and activities de- signed to strengthen and support families to prevent child abuse and neglect; (B) such lead entity is an existing public, quasi-public, or nonprofit private entity (which may be an entity that has not been es- tablished pursuant to State legislation, execu- tive order, or any other written authority of the State) that exists to strengthen and sup- port families to prevent child abuse and ne- glect with a demonstrated ability to work with other State and community-based agen- cies to provide training and technical assist- ance, and that has the capacity and commit- ment to ensure the meaningful involvement of parents who are consumers and who can pro- vide leadership in the planning, implementa- tion, and evaluation of programs and policy decisions of the applicant agency in accom- plishing the desired outcomes for such efforts; (C) in determining which entity to designate under subparagraph (A), the Governor should give priority consideration equally to a trust fund advisory board of the State or to an ex- isting entity that leverages Federal, State, and private funds for a broad range of child abuse and neglect prevention activities and family resource programs, and that is directed by an interdisciplinary, public-private struc- ture, including participants from commu- nities; and (D) in the case of a State that has designated a State trust fund advisory board for purposes of administering funds under this subchapter (as such subchapter was in effect on October 3, 1996) and in which one or more entities that le- verage Federal, State, and private funds (as described in subparagraph (C)) exist, the Gov- ernor shall designate the lead entity only after full consideration of the capacity and ex- pertise of all entities desiring to be designated under subparagraph (A); (2) the Governor of the State provides assur- ances that the lead entity will provide or will be responsible for providing— (A) community-based and prevention-fo- cused programs and activities designed to strengthen and support families to prevent child abuse and neglect composed of local, collaborative, public-private partnerships di- rected by interdisciplinary structures with balanced representation from private and public sector members, parents, adult former victims of child abuse or neglect, and public and private nonprofit service pro- viders and individuals and organizations ex- perienced in working in partnership with families with children with disabilities; (B) direction through an interdisciplinary, collaborative, public-private structure with balanced representation from private and public sector members, parents, adult former victims of child abuse or neglect, and public sector and private nonprofit sector service providers, and parents with disabil- ities; and (C) direction and oversight through identi- fied goals and objectives, clear lines of com- munication and accountability, the provi- sion of leveraged or combined funding from Federal, State, and private sources, central- ized assessment and planning activities, the provision of training and technical assist- ance, and reporting and evaluation func- tions; and (3) the Governor of the State provides assur- ances that the lead entity— (A) has a demonstrated commitment to pa- rental participation in the development, op- eration, and oversight of the community- based and prevention-focused programs and activities designed to strengthen and sup- port families to prevent child abuse and ne- glect; (B) has a demonstrated ability to work with State and community-based public and private nonprofit organizations to develop a continuum of preventive, family centered, comprehensive services for children and fam- ilies through the community-based and pre- vention-focused programs and activities de- signed to strengthen and support families to prevent child abuse and neglect; Page 6346 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5116b 1 So in original. Probably should be followed by a comma. 1 See References in Text note below. (C) has the capacity to provide operational support (both financial and programmatic) 1 training, technical assistance, and evalua- tion assistance, to community-based and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect, through innovative, interagency funding and inter- disciplinary service delivery mechanisms; and (D) will integrate its efforts with individ- uals and organizations experienced in work- ing in partnership with families with chil- dren with disabilities, parents with disabil- ities, and with the child abuse and neglect prevention activities of the State, and dem- onstrate a financial commitment to those activities. (Pub. L. 93–247, title II, § 202, as added Pub. L. 104–235, title I, § 121, Oct. 3, 1996, 110 Stat. 3081; amended Pub. L. 108–36, title I, § 122, June 25, 2003, 117 Stat. 814; Pub. L. 111–320, title I, § 133, Dec. 20, 2010, 124 Stat. 3479.) Editorial Notes PRIOR PROVISIONS A prior section 5116a, Pub. L. 93–247, title II, § 202, for- merly Pub. L. 98–473, title IV, § 403, Oct. 12, 1984, 98 Stat. 2197; renumbered § 202 of Pub. L. 93–247, and amended Pub. L. 101–126, §§ 2(a), 3(a)(3), (c)(1), 4(b), Oct. 25, 1989, 103 Stat. 764, 766, defined ‘‘Secretary’’ and ‘‘State’’ as used in this subchapter, prior to the general amend- ment of this subchapter by Pub. L. 103–252, § 401(a). AMENDMENTS 2010—Par. (1). Pub. L. 111–320, § 133(1), (2), substituted ‘‘Governor’’ for ‘‘chief executive officer’’ wherever ap- pearing, and, in subpar. (A), inserted a comma after ‘‘enhance’’ and struck out ‘‘(through networks where appropriate)’’ after ‘‘child abuse and neglect’’. Par. (2). Pub. L. 111–320, § 133(2)–(4), in introductory provisions, substituted ‘‘Governor’’ for ‘‘chief executive officer’’, in subpar. (A), struck out ‘‘(through networks where appropriate)’’ after ‘‘child abuse and neglect’’, in subpars. (A) and (B), inserted ‘‘adult former victims of child abuse or neglect,’’ after ‘‘parents,’’, and in subpar. (C), inserted a comma after ‘‘State’’. Par. (3). Pub. L. 111–320, § 133(2), (3), in introductory provisions, substituted ‘‘Governor’’ for ‘‘chief executive officer’’, and, in subpars. (A) to (C), struck out ‘‘(through networks where appropriate)’’ after ‘‘child abuse and neglect’’. 2003—Par. (1)(A). Pub. L. 108–36, § 122(1)(A), sub- stituted ‘‘community-based and prevention-focused’’ for ‘‘a Statewide network of community-based, preven- tion-focused’’ and ‘‘programs and activities designed to strengthen and support families to prevent child abuse and neglect (through networks where appropriate)’’ for ‘‘family resource and support programs, child abuse and neglect prevention activities and access to respite care services integrated with the Statewide network’’. Par. (1)(B). Pub. L. 108–36, § 122(1)(B), inserted ‘‘that exists to strengthen and support families to prevent child abuse and neglect’’ after ‘‘written authority of the State)’’. Par. (2)(A). Pub. L. 108–36, § 122(2)(A), substituted ‘‘community-based and prevention-focused programs and activities designed to strengthen and support fami- lies to prevent child abuse and neglect (through net- works where appropriate)’’ for ‘‘a network of commu- nity-based family resource and support programs’’. Par. (2)(B). Pub. L. 108–36, § 122(2)(B), struck out ‘‘to the network’’ after ‘‘direction’’ and inserted ‘‘, and par- ents with disabilities’’ before semicolon. Par. (2)(C). Pub. L. 108–36, § 122(2)(C), struck out ‘‘to the network’’ after ‘‘direction and oversight’’. Par. (3)(A). Pub. L. 108–36, § 122(3)(A), substituted ‘‘community-based and prevention-focused programs and activities designed to strengthen and support fami- lies to prevent child abuse and neglect (through net- works where appropriate)’’ for ‘‘Statewide network of community-based, prevention-focused, family resource and support programs’’. Par. (3)(B). Pub. L. 108–36, § 122(3)(B), substituted ‘‘community-based and prevention-focused programs and activities designed to strengthen and support fami- lies to prevent child abuse and neglect (through net- works where appropriate)’’ for ‘‘Statewide network of community-based, prevention-focused, family resource and support programs’’. Par. (3)(C). Pub. L. 108–36, § 122(3)(C), substituted ‘‘training, technical assistance, and evaluation assist- ance, to community-based and prevention-focused pro- grams and activities designed to strengthen and sup- port families to prevent child abuse and neglect (through networks where appropriate)’’ for ‘‘and train- ing and technical assistance, to the Statewide network of community-based, prevention-focused, family re- source and support programs’’. Par. (3)(D). Pub. L. 108–36, § 122(3)(D), inserted ‘‘, parents with disabilities,’’ after ‘‘children with dis- abilities’’. § 5116b. Amount of grant (a) Reservation The Secretary shall reserve 1 percent of the amount appropriated under section 5116i 1 of this title for a fiscal year to make allotments to In- dian tribes and tribal organizations and migrant programs. (b) Remaining amounts (1) In general The Secretary shall allot the amount appro- priated under section 5116i 1 of this title for a fiscal year and remaining after the reservation under subsection (a) among the States as fol- lows: (A) 70 percent 70 percent of such amount appropriated shall be allotted among the States by allot- ting to each State an amount that bears the same proportion to such amount appro- priated as the number of children under the age of 18 residing in the State bears to the total number of children under the age of 18 residing in all States (except that no State shall receive less than $175,000 under this subparagraph). (B) 30 percent 30 percent of such amount appropriated shall be allotted among the States by allot- ting to each State an amount that bears the same proportion to such amount appro- priated as the amount of private, State or other non-Federal funds leveraged and di- rected through the currently designated State lead entity in the preceding fiscal year bears to the aggregate of the amounts lever- aged by all States from private, State, or other non-Federal sources and directed through the current lead entity of such States in the preceding fiscal year. (2) Additional requirement The Secretary shall provide allotments under paragraph (1) to the State lead entity.