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 coordination of comprehensive serv- ices of the State and local levels to prevent, treat, and remedy elder abuse, neglect, and exploitation.’’ SUBPART IV—STATE LEGAL ASSISTANCE DEVELOPMENT PROGRAM § 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 main- taining the legal rights of older individuals; (2) State capacity for coordinating the provi- sion of legal assistance; (3) State capacity to provide technical as- sistance, training, and other supportive func- tions to area agencies on aging, legal assist- ance providers, ombudsmen, and other per- sons, as appropriate; (4) State capacity to promote financial man- agement 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 opportu- nities authorized by law, and maintaining the rights of older individuals at risk of guardian- ship; and (6) State capacity to improve the quality and quantity of legal services provided to older individuals. (Pub. L. 89–73, title VII, § 731, as added Pub. L. 106–501, title VII, § 706, Nov. 13, 2000, 114 Stat. 2291.) Editorial Notes PRIOR PROVISIONS A prior section 3058j, Pub. L. 89–73, title VII, § 731, as added Pub. L. 102–375, title VII, § 704, Sept. 30, 1992, 106 Stat. 1285, related to State elder rights and legal assist- ance development, prior to repeal by Pub. L. 106–501, title VII, § 706, Nov. 13, 2000, 114 Stat. 2291. SUBPART V—OUTREACH, COUNSELING, AND ASSISTANCE PROGRAM § 3058k. Repealed. Pub. L. 106–501, title VII, § 706, Nov. 13, 2000, 114 Stat. 2291 Section, Pub. L. 89–73, title VII, § 741, as added Pub. L. 102–375, title VII, § 705(b), Sept. 30, 1992, 106 Stat. 1287; amended Pub. L. 103–171, § 3(a)(13), Dec. 2, 1993, 107 Stat. 1990, related to State outreach, counseling, and assist- ance program for insurance and public benefits. PART B—NATIVE AMERICAN ORGANIZATION AND ELDER JUSTICE PROVISIONS § 3058aa. Native American program (a) Establishment The Assistant Secretary, acting through the Director of the Office for American Indian, Alas- kan Native, and Native Hawaiian Aging, shall establish and carry out a program for— (1) assisting eligible entities in prioritizing, on a continuing basis, the needs of the service population of the entities relating to elder rights; (2) making grants to eligible entities to carry out vulnerable elder rights protection activities that the entities determine to be priorities; and (3) enabling the eligible entities to support multidisciplinary elder justice activities, such as— (A) establishing a coordinating council, which shall identify the needs of an indi- vidual Indian tribe or other Native Amer- ican group and provide the Assistant Sec- retary with information and recommenda- tions relating to efforts by the Indian tribe or the governing entity of the Native Amer- ican group to combat elder abuse, neglect, and exploitation; (B) providing training, technical assist- ance, and other methods of support to groups carrying out multidisciplinary ef- forts for an Indian tribe or other Native American group; and (C) broadening and studying various mod- els for elder fatality and serious injury re- view teams, to make recommendations about their composition, protocols, func- tions, timing, roles, and responsibilities, with a goal of producing models and infor- mation that will allow for replication based on the needs of Indian tribes and other Na- tive American groups (other than the ones in which the review teams were used). (b) Application In order to be eligible to receive assistance under this section, an entity shall submit an ap- plication to the Assistant Secretary, at such time, in such manner, and containing such in- formation as the Assistant Secretary may re- quire.