42 U.S.C. § 5116e — Local program requirements

Page 6348 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5116e port families to prevent child abuse and ne- glect for development, operation, expansion and enhancement activities; (10) a description of how the applicant enti- ty’s activities and those of the network and its members (where appropriate) will be evalu- ated; (11) a description of the actions that the ap- plicant entity will take to advocate systemic changes in State policies, practices, proce- dures, and regulations to improve the delivery of community-based and prevention-focused programs and activities designed to strength- en and support families to prevent child abuse and neglect services to children and families; and (12) an assurance that the applicant entity will provide the Secretary with reports at such time and containing such information as the Secretary may require. (Pub. L. 93–247, title II, § 204, formerly § 205, as added Pub. L. 104–235, title I, § 121, Oct. 3, 1996, 110 Stat. 3083; amended Pub. L. 108–36, title I, § 125, June 25, 2003, 117 Stat. 815; renumbered § 204 and amended Pub. L. 111–320, title I, §§ 135, 141, Dec. 20, 2010, 124 Stat. 3479, 3482.) Editorial Notes PRIOR PROVISIONS A prior section 5116d, Pub. L. 93–247, title II, § 205, for- merly Pub. L. 98–473, title IV, § 406, Oct. 12, 1984, 98 Stat. 2198; renumbered § 205 of Pub. L. 93–247, and amended Pub. L. 101–126, §§ 2(a), 3(a)(3), (c)(1), (2), 4(e), Oct. 25, 1989, 103 Stat. 764, 766, 767; Pub. L. 102–295, title I, § 124, May 28, 1992, 106 Stat. 198, related to grant allotments, required use of grants, and grant application require- ments, prior to the general amendment of this sub- chapter by Pub. L. 103–252, § 401(a). A prior section 204 of Pub. L. 93–247 was classified to section 5116c of this title, prior to repeal by Pub. L. 108–36, title I, § 124, June 25, 2003, 117 Stat. 815. Another prior section 204 of Pub. L. 93–247 was classi- fied to section 5116c of this title prior to the general amendment of this subchapter by Pub. L. 103–252, § 401(a). AMENDMENTS 2010—Par. (1). Pub. L. 111–320, § 135(1), struck out ‘‘(through networks where appropriate)’’ after ‘‘child abuse and neglect’’. Par. (2). Pub. L. 111–320, § 135(1), (2), struck out ‘‘(through networks where appropriate)’’ after ‘‘child abuse and neglect’’, and substituted ‘‘, including how community-based child abuse and neglect prevention’’ for ‘‘and how family resource and support’’ and ‘‘pro- grams provided’’ for ‘‘services provided’’. Par. (4). Pub. L. 111–320, § 135(3), inserted a comma after ‘‘operation’’. Par. (6). Pub. L. 111–320, § 135(4), substituted ‘‘a de- scription of the State’s’’ for ‘‘an assurance that the State has the’’ and ‘‘consumers, of family advocates, and of adult former victims of child abuse or neglect,’’ for ‘‘consumers and’’. Par. (7). Pub. L. 111–320, § 135(5), inserted a comma after ‘‘expansion’’. Par. (8). Pub. L. 111–320, § 135(6), struck out ‘‘and ac- tivities’’ after ‘‘prevention-focused programs’’ and in- serted ‘‘unaccompanied homeless youth,’’ after ‘‘home- lessness,’’. Par. (9). Pub. L. 111–320, § 135(7), inserted a comma after ‘‘training’’. Par. (11). Pub. L. 111–320, § 135(8), inserted a comma after ‘‘procedures’’. 2003—Par. (1). Pub. L. 108–36, § 125(1), 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. (2). Pub. L. 108–36, § 125(2), substituted ‘‘commu- nity-based and prevention-focused programs and activi- ties designed to strengthen and support families to pre- vent child abuse and neglect (through networks where appropriate)’’ for ‘‘network of community-based, pre- vention-focused, family resource and support pro- grams’’ and struck out ‘‘, including those funded by programs consolidated under this subchapter and sub- chapter I of this chapter,’’ before ‘‘will be integrated’’. Par. (3). Pub. L. 108–36, § 125(3), added par. (3) and struck out former par. (3) which read as follows: ‘‘an as- surance that an inventory of current family resource programs, respite care, child abuse and neglect preven- tion activities, and other family resource services oper- ating in the State, and a description of current unmet needs, will be provided;’’. Par. (4). Pub. L. 108–36, § 125(4), substituted ‘‘commu- nity-based and prevention-focused programs and activi- ties designed to strengthen and support families to pre- vent child abuse and neglect’’ for ‘‘State’s network of community-based, prevention-focused, family resource and support programs’’. Par. (5). Pub. L. 108–36, § 125(5), substituted ‘‘start up, maintenance, expansion, and redesign of community- based and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect’’ for ‘‘Statewide network of community-based, prevention-focused, family resource and support programs’’. Par. (7). Pub. L. 108–36, § 125(6), substituted ‘‘commu- nity-based and prevention-focused programs and activi- ties designed to strengthen and support families to pre- vent child abuse and neglect’’ for ‘‘individual commu- nity-based, prevention-focused, family resource and support programs’’. Par. (8). Pub. L. 108–36, § 125(7), substituted ‘‘commu- nity-based and prevention-focused programs and activi- ties designed to strengthen and support families to pre- vent child abuse and neglect’’ for ‘‘community-based, prevention-focused, family resource and support pro- grams’’. Par. (9). Pub. L. 108–36, § 125(8), substituted ‘‘commu- nity-based and prevention-focused programs and activi- ties designed to strengthen and support families to pre- vent child abuse and neglect’’ for ‘‘community-based, prevention-focused, family resource and support pro- grams’’. Par. (10). Pub. L. 108–36, § 125(9), inserted ‘‘(where ap- propriate)’’ after ‘‘members’’. Par. (11). Pub. L. 108–36, § 125(10), substituted ‘‘com- munity-based and prevention-focused programs and ac- tivities designed to strengthen and support families to prevent child abuse and neglect’’ for ‘‘prevention-fo- cused, family resource and support program’’. Pars. (12), (13). Pub. L. 108–36, § 125(11), redesignated par. (13) as (12). § 5116e. Local program requirements (a) In general Grants made under this subchapter shall be used to develop, implement, operate, expand, and enhance community-based, and prevention- focused programs and activities designed to strengthen and support families to prevent child abuse and neglect that— (1) assess community assets and needs through a planning process that involves par- ents, local public agencies, local nonprofit or- ganizations, and private sector representatives in meaningful roles; (2) develop a comprehensive strategy to pro- vide a continuum of preventive, family-cen- Page 6349 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5116e 1 So in original. tered services to children and families, espe- cially to young parents, to parents with young children, and to parents who are adult former victims of domestic violence or child abuse or neglect, through public-private partnerships; (3)(A) provide for core child abuse and ne- glect prevention services, which may be pro- vided directly by the local recipient of the grant funds or through grants or agreements with other local agencies, such as— (i) parent education, mutual support and self help, and parent leadership services; (ii) respite care services; (iii) outreach and followup services, which may include voluntary home visiting serv- ices; and (iv) community and social service refer- rals; and (B) provide access to optional services, in- cluding— (i) referral to and counseling for adoption services for individuals interested in adopt- ing a child or relinquishing their child for adoption; (ii) child care, early childhood education and care, and intervention services; (iii) referral to services and supports to meet the additional needs of families with children with disabilities and parents who are individuals with disabilities; (iv) referral to job readiness services; (v) referral to educational services, such as academic tutoring, literacy training, and General Educational Degree services; (vi) self-sufficiency and life management skills training; (vii) community referral services, includ- ing early developmental screening of chil- dren; (viii) peer counseling; and (ix) domestic violence service programs that provide services and treatment to chil- dren and their non-abusing caregivers. (4) develop leadership roles for the meaning- ful involvement of parents in the development, operation, evaluation, and oversight of the programs and services; (5) provide leadership in mobilizing local public and private resources to support the provision of needed child abuse and neglect prevention program services; and (6) participate with other community-based and prevention-focused programs and activi- ties designed to strengthen and support fami- lies to prevent child abuse and neglect in the development, operation, and expansion of net- works where appropriate. (b) Priority In awarding local grants under this sub- chapter, a lead entity shall give priority to ef- fective community-based programs serving low- income communities and those serving young parents or parents with young children, includ- ing community-based child abuse and neglect prevention programs..1 (Pub. L. 93–247, title II, § 205, formerly § 206, as added Pub. L. 104–235, title I, § 121, Oct. 3, 1996, 110 Stat. 3085; amended Pub. L. 108–36, title I, § 126, June 25, 2003, 117 Stat. 816; renumbered § 205 and amended Pub. L. 111–320, title I, §§ 136, 141, Dec. 20, 2010, 124 Stat. 3480, 3482.) Editorial Notes PRIOR PROVISIONS A prior section 5116e, Pub. L. 93–247, title II, § 206, for- merly Pub. L. 98–473, title IV, § 407, Oct. 12, 1984, 98 Stat. 2199; renumbered § 206 of Pub. L. 93–247, and amended Pub. L. 101–126, §§ 2(a), 3(a)(3), (c)(1), 4(f), Oct. 25, 1989, 103 Stat. 764, 766, 768, related to withholding of grant payments upon failure to comply with provisions of this subchapter, prior to the general amendment of this subchapter by Pub. L. 103–252, § 401(a). A prior section 205 of Pub. L. 93–247 was renumbered section 204 and is classified to section 5116d of this title. Another prior section 205 of Pub. L. 93–247 was classi- fied to section 5116d of this title prior to the general amendment of this subchapter by Pub. L. 103–252, § 401(a). AMENDMENTS 2010—Subsec. (a). Pub. L. 111–320, § 136(a)(1), inserted a comma after ‘‘expand’’ in introductory provisions. Subsec. (a)(1). Pub. L. 111–320, § 136(a)(2), substituted ‘‘parents,’’ for ‘‘parents and’’ and inserted ‘‘in meaning- ful roles’’ before semicolon at end. Subsec. (a)(2). Pub. L. 111–320, § 136(a)(3), substituted ‘‘a comprehensive strategy to provide’’ for ‘‘a strategy to provide, over time,’’, ‘‘family-centered’’ for ‘‘family centered’’, and ‘‘, to parents with young children, and to parents who are adult former victims of domestic vi- olence or child abuse or neglect,’’ for ‘‘and parents with young children,’’. Subsec. (a)(3). Pub. L. 111–320, § 136(a)(4)(A), struck out introductory provisions which read as follows: ‘‘provide—’’. Subsec. (a)(3)(A). Pub. L. 111–320, § 136(a)(4)(A), added subpar. (A) and struck out former subpar. (A) which read as follows: ‘‘(A) core family resource and support services such as— ‘‘(i) parent education, mutual support and self help, and leadership services; ‘‘(ii) outreach services; ‘‘(iii) community and social service referrals; and ‘‘(iv) follow-up services;’’. Subsec. (a)(3)(B). Pub. L. 111–320, § 136(a)(4)(A), (B)(i), redesignated subpar. (C) as (B), inserted ‘‘provide’’ be- fore ‘‘access’’, and struck out former subpar. (B) which read as follows: ‘‘other core services, which must be provided or arranged for through contracts or agree- ments with other local agencies, including voluntary home visiting and all forms of respite care services to the extent practicable; and’’. Subsec. (a)(3)(B)(ii). Pub. L. 111–320, § 136(a)(4)(B)(ii), added cl. (ii) and struck out former cl. (ii) which read as follows: ‘‘child care, early childhood development and intervention services;’’. Subsec. (a)(3)(B)(iii). Pub. L. 111–320, § 136(a)(4)(B)(iii), inserted ‘‘and parents who are individuals with disabil- ities’’ before semicolon at end. Subsec. (a)(3)(B)(v). Pub. L. 111–320, § 136(a)(4)(B)(iv), (viii), amended cl. (v) identically, substituting ‘‘aca- demic tutoring’’ for ‘‘scholastic tutoring’’. Subsec. (a)(3)(B)(ix). Pub. L. 111–320, § 136(a)(4)(B)(v)–(vii), added cl. (ix). Subsec. (a)(3)(C). Pub. L. 111–320, § 136(a)(4)(B)(i), re- designated subpar. (C) as (B). Subsec. (a)(5). Pub. L. 111–320, § 136(a)(5), substituted ‘‘child abuse and neglect prevention program’’ for ‘‘family resource and support program’’. Subsec. (a)(6). Pub. L. 111–320, § 136(a)(6), inserted a comma after ‘‘operation’’. Subsec. (b). Pub. L. 111–320, § 136(b), substituted ‘‘low- income’’ for ‘‘low income’’ and ‘‘child abuse and neglect Page 6350 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5116f prevention programs.’’ for ‘‘family resource and sup- port programs’’. 2003—Subsec. (a). Pub. L. 108–36, § 126(1), substituted ‘‘and prevention-focused programs and activities de- signed to strengthen and support families to prevent child abuse and neglect’’ for ‘‘prevention-focused, fam- ily resource and support programs’’ in introductory provisions. Subsec. (a)(3)(B). Pub. L. 108–36, § 126(2), inserted ‘‘vol- untary home visiting and’’ after ‘‘including’’. Subsec. (a)(6). Pub. L. 108–36, § 126(3), added par. (6) and struck out former par. (6) which read as follows: ‘‘participate with other community-based, prevention- focused, family resource and support program grantees in the development, operation and expansion of the Statewide network.’’ § 5116f. Performance measures A State receiving a grant under this sub- chapter, through reports provided to the Sec- retary— (1) shall demonstrate the effective develop- ment, operation, and expansion of community- based and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect that meets the requirements of this sub- chapter; (2) shall supply an inventory and description of the services provided to families by local programs that meet identified community needs, including core and optional services as described in section 5116a of this title which description shall specify whether those serv- ices are supported by research; (3) shall demonstrate that they will have ad- dressed unmet needs identified by the inven- tory and description of current services re- quired under section 5116d(3) of this title; (4) shall describe the number of families served, including families with children with disabilities, and parents with disabilities, and the involvement of a diverse representation of families in the design, operation, and evalua- tion of community-based and prevention-fo- cused programs and activities designed to strengthen and support families to prevent child abuse and neglect, and in the design, op- eration, and evaluation of the networks of such community-based and prevention-focused programs; (5) shall demonstrate a high level of satisfac- tion among families who have used the serv- ices of the community-based and prevention- focused programs and activities designed to strengthen and support families to prevent child abuse and neglect; (6) shall demonstrate the establishment or maintenance of innovative funding mecha- nisms, at the State or community level, that blend Federal, State, local, and private funds, and innovative, interdisciplinary service deliv- ery mechanisms, for the development, oper- ation, expansion, and enhancement of the community-based and prevention-focused pro- grams and activities designed to strengthen and support families to prevent child abuse and neglect; (7) shall describe the results of evaluation, or the outcomes of monitoring, conducted under the State program to demonstrate the effectiveness of activities conducted under this subchapter in meeting the purposes of the program; and (8) shall demonstrate an implementation plan to ensure the continued leadership of par- ents in the on-going planning, implementa- tion, and evaluation of such community-based and prevention-focused programs and activi- ties designed to strengthen and support fami- lies to prevent child abuse and neglect. (Pub. L. 93–247, title II, § 206, formerly § 207, as added Pub. L. 104–235, title I, § 121, Oct. 3, 1996, 110 Stat. 3086; amended Pub. L. 108–36, title I, § 127, June 25, 2003, 117 Stat. 817; renumbered § 206 and amended Pub. L. 111–320, title I, §§ 137, 141, Dec. 20, 2010, 124 Stat. 3481, 3482.) Editorial Notes PRIOR PROVISIONS A prior section 5116f, Pub. L. 93–247, title II, § 207, for- merly Pub. L. 98–473, title IV, § 408, Oct. 12, 1984, 98 Stat. 2199; renumbered § 207 of Pub. L. 93–247, and amended Pub. L. 101–126, §§ 2(a), 3(a)(3), (c)(1), 4(g), Oct. 25, 1989, 103 Stat. 764, 766, 768, related to audits of grant recipi- ents, prior to the general amendment of this sub- chapter by Pub. L. 103–252, § 401(a). A prior section 206 of Pub. L. 93–247 was renumbered section 205 and is classified to section 5116e of this title. Another prior section 206 of Pub. L. 93–247 was classi- fied to section 5116e of this title prior to the general amendment of this subchapter by Pub. L. 103–252, § 401(a). AMENDMENTS 2010—Par. (1). Pub. L. 111–320, § 137(1), inserted a comma after ‘‘operation’’. Par. (2). Pub. L. 111–320, § 137(2), inserted ‘‘which de- scription shall specify whether those services are sup- ported by research’’ after ‘‘section 5116a of this title’’. Par. (3). Pub. L. 111–320, § 137(3)(A), which directed the making of a technical amendment in par. (4) to a ref- erence in the original act which appears in text as a reference to section 5116d(3) of this title, was executed by making the technical amendment to such reference in par. (3) to reflect the probable intent of Congress. Par. (4). Pub. L. 111–320, § 137(3)(B), which directed amendment of par. (4) by inserting a comma after ‘‘op- eration’’, was executed by making the insertion after ‘‘operation’’ the second place appearing to reflect the probable intent of Congress. Par. (6). Pub. L. 111–320, § 137(4), inserted a comma after ‘‘local’’ and after ‘‘expansion’’. Par. (7). Pub. L. 111–320, § 137(5), substituted ‘‘the re- sults of evaluation, or the outcomes of monitoring, conducted under the State program to demonstrate the effectiveness of activities conducted under this sub- chapter in meeting the purposes of the program; and’’ for ‘‘the results of a peer review process conducted under the State program; and’’. 2003—Par. (1). Pub. L. 108–36, § 127(1), substituted ‘‘community-based and prevention-focused programs and activities designed to strengthen and support fami- lies to prevent child abuse and neglect’’ for ‘‘a State- wide network of community-based, prevention-focused, family resource and support programs’’. Par. (3). Pub. L. 108–36, § 127(2), added par. (3) and struck out former par. (3) which read as follows: ‘‘shall demonstrate the establishment of new respite care and other specific new family resources services, and the expansion of existing services, to address unmet needs identified by the inventory and description of current services required under section 5116d(3) of this title;’’. Par. (4). Pub. L. 108–36, § 127(3), inserted ‘‘and parents with disabilities,’’ after ‘‘children with disabilities,’’ and substituted ‘‘evaluation of community-based and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse