Foster Grandparent projects; amount
20 U.S.C. 143142 U.S.C. 98311
Person-to-person services to children in an individual service project by public or private nonprofit agency; authority and criteria for determinations; mutual agreements between parties
“Child” and “children” defined
For the purposes of this section, the terms “child” and “children” mean any individual or individuals who are less than 21 years of age.
Domestic Volunteer Service; allowances, stipends, and other support
section 12638 of this titlesection 12651f of this titleThe Director, in accordance with regulations the Director shall prescribe, may provide to low-income persons serving as volunteers under this part, such allowances, stipends, and other support as the Director determines are necessary to carry out the purpose of this part. Any stipend or allowance provided under this section shall not be less than $3.00 per hour, except that (1) such stipend or allowance shall not be increased as a result of an amendment made to this sentence unless the funds appropriated for carrying out this part are sufficient to maintain for the fiscal year in question a number of participants to serve under this part at least equal to the number of such participants serving during the preceding fiscal year, and (2) in the event that sufficient appropriations for any fiscal year are not available to increase any such stipend or allowance provided to the minimum hourly rate specified in this sentence, the Director shall increase the stipend or allowance to such amount as appropriations for such year permit consistent with clause (1) of this exception. In establishing the amount of, and the effective date for, such adjustment, the Director, in consultation with the State Commissions on National and Community Service (as established under ) and the heads of the State offices established under , shall consider the effect such adjustment will have on the ability of non-federally funded volunteer programs similar to the programs under this subchapter to maintain their current level of volunteer hours.
“Low-income person” and “person of low income” defined
Persons entitled to serve as volunteers; application of regulations to volunteers; equal treatment to all volunteers by recipients of grants; conditions of grants; use of funds; payment of costs
Pub. L. 93–113, title II, § 21187 Stat. 402Pub. L. 94–135, title II, § 205(b)(1)89 Stat. 727Pub. L. 94–293, § 790 Stat. 526Pub. L. 95–478, title IV, § 402(b)92 Stat. 1557Pub. L. 97–35, title VI, § 608(b)95 Stat. 487Pub. L. 98–288, § 14(c)98 Stat. 192Pub. L. 99–551, § 7(a)(1)100 Stat. 3074Pub. L. 101–204, title V103 Stat. 1817Pub. L. 103–82, title III107 Stat. 904Pub. L. 108–446, title III, § 305(k)118 Stat. 2806Pub. L. 111–13, title II, § 2144123 Stat. 1588(, , ; , (2), , ; , , ; , , ; , , ; , , ; , , ; , §§ 503, 504, , ; , §§ 344, 345, , , 905; , , ; , , .)
Editorial Notes
References in Text
Pub. L. 91–23084 Stat. 175section 1400 of Title 20The Individuals with Disabilities Education Act, referred to in subsec. (a), is title VI of , , . Part C of the Act is classified generally to subchapter III (§ 1431 et seq.) of chapter 33 of Title 20, Education. For complete classification of this Act to the Code, see and Tables.
Pub. L. 97–3595 Stat. 499section 9801 of this titleThe Head Start Act, referred to in subsec. (a), is subchapter B (§§ 635–657) of chapter 8 of subtitle A of title VI of , , , which is classified generally to subchapter II (§ 9831 et seq.) of chapter 105 of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Section 3044b of this titlePub. L. 93–113, title VI, § 604(a)87 Stat. 417, referred to in subsec. (a), related to grants and contracts for Foster Grandparent projects and for services as senior health aides and senior companions, amount of award, method of payment, and exclusion as income of compensation to individual volunteers, was repealed by , , , and is covered by this section and sections 5022 and 5058 of this title.
Amendments
Pub. L. 111–13, § 2144(1)2009—Subsec. (a). , in first sentence, substituted “age 55” for “aged sixty” and “children having special or exceptional needs or circumstances identified as limiting their academic, social, or emotional development” for “children having exceptional needs”, and, in second sentence, struck out “any of a variety of” before “other programs” and substituted “children having special or exceptional needs or circumstances identified as limiting their academic, social, or emotional development” for “children with special or exceptional needs”.
Pub. L. 111–13, § 2144(2)(A)(i)Subsec. (b)(1). , which directed substitution of “may determine” for “ ‘shall have’ and all that follows through ‘(2) of the subsection’ ” in introductory provisions, was executed by making the substitution for “shall have the exclusive authority to determine, pursuant to the provisions of paragraph (2) of this subsection” to reflect the probable intent of Congress.
Pub. L. 111–13, § 2144(2)(A)(ii)Subsec. (b)(1)(C). –(iv), added subpar. (C).
Pub. L. 111–13, § 2144(2)(B)ProvidedSubsec. (b)(2). , added par. (2) and struck out former par. (2) which read as follows: “In the event that such an agency or organization determines that it is in the best interests of a mentally retarded child receiving, and of a particular foster grandparent providing, services in such a project, such relationship may be continued after the child reaches the chronological age of 21: , That such child was receiving such services prior to attaining the chronological age of 21. If the particular foster grandparent subject to the determination under this paragraph becomes unavailable to serve after such determination is made, the agency or organization may select another foster grandparent.”
Pub. L. 111–13, § 2144(3)Subsec. (d). , substituted “$3.00 per hour, except” for “$2.45 per hour on and after , and shall be adjusted once prior to , to account for inflation, as determined by the Director and rounded to the nearest five cents, except”.
Pub. L. 111–13, § 2144(4)(A)Subsec. (e)(1). , substituted “200 percent” for “125 per centum”.
Pub. L. 111–13, § 2144(4)(B)Subsec. (e)(2). , substituted “percent” for “per centum”.
Pub. L. 111–13, § 2144(5)(A)Subsec. (f)(1)(A). , substituted “subparagraph (B)” for “subparagraphs (B) and (C)”.
Pub. L. 111–13, § 2144(5)(B)Subsec. (f)(1)(C). , struck out subpar. (C) which read as follows: “Individuals who are not low-income persons may not serve as volunteers under this part in any community in which there are volunteers serving under part A of this subchapter unless such individuals have been referred previously for possible placement as volunteers under part A of this subchapter and such placement did not occur.”
Pub. L. 108–4462004—Subsec. (a). substituted “part C” for “part H” and “1431 et seq.” for “1471 et seq.”.
Pub. L. 103–82, § 34420 U.S.C. 14711993—Subsec. (a). , struck out “, including services by individuals serving as ‘foster grandparents’ to children receiving care in hospitals, homes for dependent and neglected children, or other establishments providing care for children with special needs” after “having exceptional needs” in first sentence and inserted after first sentence “Such services may include services by individuals serving as foster grandparents to children who are individuals with disabilities, who have chronic health conditions, who are receiving care in hospitals, who are residing in homes for dependent and neglected children, or who are receiving services provided by day care centers, schools, early intervention programs under part H of the Individuals with Disabilities Education Act ( et seq.), Head Start agencies under the Head Start Act, or any of a variety of other programs, establishments, and institutions providing services for children with special or exceptional needs. Individual foster grandparents may provide person-to-person services to one or more children, depending on the needs of the project and local site.”
Pub. L. 103–82, § 345Subsec. (d). , in second sentence substituted “Any stipend or allowance provided under this section shall not be less than $2.45 per hour on and after , and shall be adjusted once prior to , to account for inflation, as determined by the Director and rounded to the nearest five cents,” for “Any stipend or allowance provided under this subsection shall not be less than $2.20 per hour until , $2.35 per hour during fiscal year 1991, and $2.50 per hour on and after ,” and inserted sentence at end relating to consideration of effect of adjustment on non-federally funded volunteer programs.
Pub. L. 101–204, § 5031989—Subsec. (d). , inserted “until , $2.35 per hour during fiscal year 1991, and $2.50 per hour on and after ” after “$2.20 per hour” in introductory provisions, substituted “such stipend or allowance shall not be increased as a result of an amendment made” for “no increase in the stipend of allowance shall be made pursuant” in cl. (1), and substituted “the minimum hourly rate specified in this sentence” for “$2.20 per hour” in cl. (2).
Pub. L. 101–204, § 504(1)Subsec. (f)(1)(C). , inserted before period at end “unless such individuals have been referred previously for possible placement as volunteers under part A of this subchapter and such placement did not occur”.
Pub. L. 101–204, § 504(2)Subsec. (f)(3). , inserted “take into consideration or” after “may not”, inserted “or recruit” after “accept” in subpar. (A), and inserted at end “The Director may not coerce any applicant for, or recipient of, such grant or contract to engage in conduct described in subparagraph (A) or (B).”
Pub. L. 99–551, § 7(a)(1)(A)1986—Subsec. (d). , inserted “low-income” after “may provide to”.
Pub. L. 99–551, § 7(a)(1)(B)Subsec. (f). , added subsec. (f).
Pub. L. 98–288, § 14(c)(1)1984—Subsec. (a). , substituted “the Director” for “he” in two places.
Pub. L. 98–288, § 14(c)(2)Subsec. (b)(2). , inserted at end “If the particular foster grandparent subject to the determination under this paragraph becomes unavailable to serve after such determination is made, the agency or organization may select another foster grandparent.”
Pub. L. 98–288, § 14(c)(3)Subsec. (d). , substituted “the Director” for “he” in two places and “$2.20” for “$2” in two places.
Pub. L. 98–288, § 14(c)(4)section 9902(2) of this titlesection 2971d of this titlesection 5061(4) of this titleSubsec. (e). , in amending subsec. (e) generally, substituted “poverty line defined in and adjusted by the Director in the manner described in such section” for “poverty line set forth in ” and “any person whose income is not more than 100 per centum of such poverty line, as so adjusted and determined by the Director after taking into consideration existing poverty guidelines as appropriate to local situations” for “any person considered a poor or low-income person under ”.
Pub. L. 97–35, § 608(b)1981—Subsecs. (b) to (f). , struck out subsec. (b) which related to service as senior health aides and senior companions, and redesignated subsecs. (c) to (f) as (b) to (e), respectively.
Pub. L. 95–4781978—Subsecs. (e), (f). added subsecs. (e) and (f).
Pub. L. 94–2931976—Subsecs. (c), (d). added subsecs. (c) and (d).
Pub. L. 94–135, § 205(b)(1)1975—Subsec. (a). , substituted “individuals” for “volunteers” where appearing first and third places and struck out “serve as volunteers to” before “provide supportive person-to-person services”.
Pub. L. 94–135, § 205(b)(2)Subsec. (b). , substituted “individuals” for “volunteers”.
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Pub. L. 111–13section 6101(a) of Pub. L. 111–13section 4950 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1993 Amendment
Pub. L. 103–82section 392 of Pub. L. 103–82section 4951 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1986 Amendment
Pub. L. 99–551section 11 of Pub. L. 99–551section 4950 of this titleAmendment by effective , except as otherwise provided, see , set out as an Effective Date note under .
Pub. L. 99–551, § 7(a)(2)100 Stat. 3075
Effective Date of 1978 Amendment
Pub. L. 95–478section 504 of Pub. L. 95–478section 3001 of this titleAmendment by effective at close of , see , set out as a note under .