Part E—Children With Serious Emotional Disturbances
§290ff. Comprehensive community mental health services for children with serious emotional disturbances
(a) Grants to certain public entities
(1) In general
The Secretary, acting through the Director of the Center for Mental Health Services, shall make grants to public entities for the purpose of providing comprehensive community mental health services to children with a serious emotional disturbance, which may include efforts to identify and serve children at risk.
(2) "Public entity" defined
For purposes of this part, the term "public entity" means any State, any political subdivision of a State, and any Indian tribe or tribal organization (as defined in section 5304(b) and section 5304(c) 1 of title 25).
(b) Considerations in making grants
(1) Requirement of status as grantee under part B of subchapter XVII
The Secretary may make a grant under subsection (a) to a public entity only if—
(A) in the case of a public entity that is a State, the State is a grantee under
(B) in the case of a public entity that is a political subdivision of a State, the State in which the political subdivision is located is such a grantee; and
(C) in the case of a public entity that is an Indian tribe or tribal organization, the State in which the tribe or tribal organization is located is such a grantee.
(2) Requirement of status as medicaid provider
(A) Subject to subparagraph (B), the Secretary may make a grant under subsection (a) only if, in the case of any service under such subsection that is covered in the State plan approved under title XIX of the Social Security Act [
(i) the public entity involved will provide the service directly, and the entity has entered into a participation agreement under the State plan and is qualified to receive payments under such plan; or
(ii) the public entity will enter into an agreement with an organization under which the organization will provide the service, and the organization has entered into such a participation agreement and is qualified to receive such payments.
(B)(i) In the case of an organization making an agreement under subparagraph (A)(ii) regarding the provision of services under subsection (a), the requirement established in such subparagraph regarding a participation agreement shall be waived by the Secretary if the organization does not, in providing health or mental health services, impose a charge or accept reimbursement available from any third-party payor, including reimbursement under any insurance policy or under any Federal or State health benefits program.
(ii) A determination by the Secretary of whether an organization referred to in clause (i) meets the criteria for a waiver under such clause shall be made without regard to whether the organization accepts voluntary donations regarding the provision of services to the public.
(3) Certain considerations
In making grants under subsection (a), the Secretary shall—
(A) equitably allocate such assistance among the principal geographic regions of the United States;
(B) consider the extent to which the public entity involved has a need for the grant; and
(C) in the case of any public entity that is a political subdivision of a State or that is an Indian tribe or tribal organization—
(i) shall consider any comments regarding the application of the entity for such a grant that are received by the Secretary from the State in which the entity is located; and
(ii) shall give special consideration to the entity if the State agrees to provide a portion of the non-Federal contributions required in subsection (c) regarding such a grant.
(c) Matching funds
(1) In general
A funding agreement for a grant under subsection (a) is that the public entity involved will, with respect to the costs to be incurred by the entity in carrying out the purpose described in such subsection, make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that—
(A) for the first fiscal year for which the entity receives payments from a grant under such subsection, is not less than $1 for each $3 of Federal funds provided in the grant;
(B) for any second or third such fiscal year, is not less than $1 for each $3 of Federal funds provided in the grant;
(C) for any fourth such fiscal year, is not less than $1 for each $1 of Federal funds provided in the grant; and
(D) for any fifth and sixth such fiscal year,2 is not less than $2 for each $1 of Federal funds provided in the grant.
(2) Determination of amount contributed
(A) Non-Federal contributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions.
(B) In making a determination of the amount of non-Federal contributions for purposes of subparagraph (A), the Secretary may include only non-Federal contributions in excess of the average amount of non-Federal contributions made by the public entity involved toward the purpose described in subsection (a) for the 2-year period preceding the first fiscal year for which the entity receives a grant under such section.
(July 1, 1944, ch. 373, title V, §561, as added
Editorial Notes
References in Text
Subsections (b) and (c) of
The Social Security Act, referred to in subsec. (b)(2)(A), is act Aug. 14, 1935, ch. 531,
Prior Provisions
A prior section 290ff, act July 1, 1944, ch. 373, title V, §561, as added Nov. 18, 1988,
Amendments
2016—Subsec. (a)(1).
2000—Subsec. (c)(1)(D).
1993—Subsec. (a)(2).
Subsec. (b)(1)(B), (C).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 1992, with provision for programs providing financial assistance, see section 801(c), (d) of
Current Grantees
"(1)
"(2)
1 See References in Text note below.
2 So in original. Probably should be "years,".
§290ff–1. Requirements with respect to carrying out purpose of grants
(a) Systems of comprehensive care
(1) In general
A funding agreement for a grant under
(2) Structure of system
A funding agreement for a grant under
(A) be established in a community selected by the public entity involved;
(B) consist of such public agencies and nonprofit private entities in the community as are necessary to ensure that each of the services specified in subsection (c) is available to each child provided access to the system;
(C) be established pursuant to agreements that the public entity enters into with the agencies and entities described in subparagraph (B);
(D) coordinate the provision of the services of the system; and
(E) establish an office whose functions are to serve as the location through which children are provided access to the system, to coordinate the provision of services of the system, and to provide information to the public regarding the system.
(3) Collaboration of local public entities
A funding agreement for a grant under
(b) Limitation on age of children provided access to system
A funding agreement for a grant under
(c) Required mental health services of system
A funding agreement for a grant under
(1) diagnostic and evaluation services;
(2) outpatient services provided in a clinic, office, school or other appropriate location, including individual, group and family counseling services, professional consultation, and review and management of medications;
(3) emergency services, available 24-hours a day, 7 days a week;
(4) intensive home-based services for children and their families when the child is at imminent risk of out-of-home placement;
(5) intensive day-treatment services;
(6) respite care;
(7) therapeutic foster care services, and services in therapeutic foster family homes or individual therapeutic residential homes, and groups homes caring for not more than 10 children; and
(8) assisting the child in making the transition from the services received as a child to the services to be received as an adult.
(d) Required arrangements regarding other appropriate services
(1) In general
A funding agreement for a grant under
(A) a system of care under subsection (a) will enter into a memorandum of understanding with each of the providers specified in paragraph (2) in order to facilitate the availability of the services of the provider involved to each child provided access to the system; and
(B) the grant under such
(2) Specification of non-mental health services
The providers referred to in paragraph (1) are providers of medical services other than mental health services, providers of educational services, providers of vocational counseling and vocational rehabilitation services, and providers of protection and advocacy services with respect to mental health.
(3) Facilitation of services of certain programs
A funding agreement for a grant under
(A) services available pursuant to title XIX of the Social Security Act [
(B) services available under parts B and C of the Individuals with Disabilities Education Act [
(C) services available under other appropriate programs, as identified by the Secretary.
(e) General provisions regarding services of system
(1) Case management services
A funding agreement for a grant under
(A) the services provided through the system to the child are coordinated and that the need of each such child for the services is periodically reassessed;
(B) information is provided to the family of the child on the extent of progress being made toward the objectives established for the child under the plan of services implemented for the child pursuant to
(C) the system provides assistance with respect to—
(i) establishing the eligibility of the child, and the family of the child, for financial assistance and services under Federal, State, or local programs providing for health services, mental health services, educational services, social services, or other services; and
(ii) seeking to ensure that the child receives appropriate services available under such programs.
(2) Other provisions
A funding agreement for a grant under
(A) provide the services of the system in the cultural context that is most appropriate for the child and family involved;
(B) ensure that individuals providing such services to the child can effectively communicate with the child and family in the most direct manner;
(C) provide the services without discriminating against the child or the family of the child on the basis of race, religion, national origin, sex, disability, or age;
(D) seek to ensure that each child provided access to the system of care remains in the least restrictive, most normative environment that is clinically appropriate; and
(E) provide outreach services to inform individuals, as appropriate, of the services available from the system, including identifying children with a serious emotional disturbance who are in the early stages of such disturbance.
(3) Rule of construction
An agreement made under paragraph (2) may not be construed—
(A) with respect to subparagraph (C) of such paragraph—
(i) to prohibit a system of care under subsection (a) from requiring that, in housing provided by the grantee for purposes of residential treatment services authorized under subsection (c), males and females be segregated to the extent appropriate in the treatment of the children involved; or
(ii) to prohibit the system of care from complying with the agreement made under subsection (b); or
(B) with respect to subparagraph (D) of such paragraph, to authorize the system of care to expend the grant under
(f) Restrictions on use of grant
A funding agreement for a grant under
(1) to purchase or improve real property (including the construction or renovation of facilities);
(2) to provide for room and board in residential programs serving 10 or fewer children;
(3) to provide for room and board or other services or expenditures associated with care of children in residential treatment centers serving more than 10 children or in inpatient hospital settings, except intensive home-based services and other services provided on an ambulatory or outpatient basis; or
(4) to provide for the training of any individual, except training authorized in
(g) Waivers
The Secretary may waive one or more of the requirements of subsection (c) for a public entity that is an Indian Tribe or tribal organization, or American Samoa, Guam, the Marshall Islands, the Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, the Republic of Palau, or the United States Virgin Islands if the Secretary determines, after peer review, that the system of care is family-centered and uses the least restrictive environment that is clinically appropriate.
(July 1, 1944, ch. 373, title V, §562, as added
Editorial Notes
References in Text
The Social Security Act, referred to in subsec. (d)(3)(A), is act Aug. 14, 1935, ch. 531,
The Individuals with Disabilities Education Act, referred to in subsec. (d)(3)(B), is title VI of
Amendments
2016—Subsec. (b).
2004—Subsec. (d)(3)(B).
2000—Subsec. (g).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 1992, with provision for programs providing financial assistance, see section 801(c), (d) of
§290ff–2. Individualized plan for services
(a) In general
A funding agreement for a grant under
(b) Multidisciplinary team
A funding agreement for a grant under
(c) Coordination with services under Individuals with Disabilities Education Act
A funding agreement for a grant under
(1) in developing, carrying out, reviewing, and revising the plan consider any individualized education program in effect for the child pursuant to part B of the Individuals with Disabilities Education Act [
(2) ensure that the plan is consistent with such individualized education program and provides for coordinating services under the plan with services under such program; and
(3) ensure that the memorandum of understanding entered into under
(d) Contents of plan
A funding agreement for a grant under
(1) identify and state the needs of the child for the services available pursuant to
(2) provide for each of such services that is appropriate to the circumstances of the child, including, except in the case of children who are less than 14 years of age, the provision of appropriate vocational counseling and rehabilitation, and transition services (as defined in section 602 [
(3) establish objectives to be achieved regarding the needs of the child and the methodology for achieving the objectives; and
(4) designate an individual to be responsible for providing the case management required in
(July 1, 1944, ch. 373, title V, §563, as added
Editorial Notes
References in Text
The Individuals with Disabilities Education Act, referred to in subsecs. (c)(1), (3) and (d)(4), is title VI of
Amendments
2004—Subsec. (d)(2).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 1992, with provision for programs providing financial assistance, see section 801(c), (d) of
1 So in original. The semicolon probably should be a period.
§290ff–3. Additional provisions
(a) Optional services
In addition to services described in subsection (c) of
(1) preliminary assessments to determine whether a child should be provided access to the system;
(2) training in—
(A) the administration of the system;
(B) the provision of intensive home-based services under paragraph (4) of
(C) the development of individualized plans for purposes of
(3) recreational activities for children provided access to the system; and
(4) such other services as may be appropriate in providing for the comprehensive needs with respect to mental health of children with a serious emotional disturbance.
(b) Comprehensive plan
The Secretary may make a grant under
(c) Limitation on imposition of fees for services
A funding agreement for a grant under
(1) will be made according to a schedule of charges that is made available to the public;
(2) will be adjusted to reflect the income of the family of the child involved; and
(3) will not be imposed on any child whose family has income and resources of equal to or less than 100 percent of the official poverty line, as established by the Director of the Office of Management and Budget and revised by the Secretary in accordance with
(d) Relationship to items and services under other programs
A funding agreement for a grant under
(1) under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or
(2) by an entity that provides health services on a prepaid basis.
(e) Limitation on administrative expenses
A funding agreement for a grant under
(f) Reports to Secretary
A funding agreement for a grant under
(g) Description of intended uses of grant
The Secretary may make a grant under
(1) the public entity involved submits to the Secretary a description of the purposes for which the entity intends to expend the grant;
(2) the description identifies the populations, areas, and localities in the jurisdiction of the entity with a need for services under this section; and
(3) the description provides information relating to the services and activities to be provided, including a description of the manner in which the services and activities will be coordinated with any similar services or activities of public or nonprofit entities.
(h) Requirement of application
The Secretary may make a grant under
(July 1, 1944, ch. 373, title V, §564, as added
Editorial Notes
Amendments
2016—Subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 1992, with provision for programs providing financial assistance, see section 801(c), (d) of
§290ff–4. General provisions
(a) Duration of support
The period during which payments are made to a public entity from a grant under
(b) Technical assistance
(1) In general
The Secretary shall, upon the request of a public entity, regardless of whether such public entity is receiving a grant under
(A) provide technical assistance to the entity regarding the process of submitting to the Secretary applications for grants under
(B) provide to the entity training and technical assistance with respect to the planning, development, and operation of systems of care described in
(2) Authority for grants and contracts
The Secretary may provide technical assistance under subsection (a) directly or through grants to, or contracts with, public and nonprofit private entities.
(c) Evaluations and reports by Secretary
(1) In general
The Secretary shall, directly or through contracts with public or private entities, provide for annual evaluations of programs carried out pursuant to
(2) Report to Congress
The Secretary shall, not later than 1 year after the date on which amounts are first appropriated under subsection (c), and annually thereafter, submit to the Congress a report summarizing evaluations carried out pursuant to paragraph (1) during the preceding fiscal year and making such recommendations for administrative and legislative initiatives with respect to this section as the Secretary determines to be appropriate.
(d) Definitions
For purposes of this part:
(1) The term "child" means an individual through the age of 21 years.
(2) The term "family", with respect to a child provided access to a system of care under
(A) the legal guardian of the child; and
(B) as appropriate regarding mental health services for the child, the parents of the child (biological or adoptive, as the case may be), kinship caregivers of the child, and any foster parents of the child.
(3) The term "funding agreement", with respect to a grant under
(4) The term "serious emotional disturbance" includes, with respect to a child, any child who has a serious emotional disorder, a serious behavioral disorder, or a serious mental disorder.
(e) Rule of construction
Nothing in this part shall be construed as limiting the rights of a child with a serious emotional disturbance under the Individuals with Disabilities Education Act [
(f) Funding
(1) Authorization of appropriations
For the purpose of carrying out this part, there are authorized to be appropriated $125,000,000 for each of fiscal years 2023 through 2027.
(2) Limitation regarding technical assistance
Not more than 10 percent of the amounts appropriated under paragraph (1) for a fiscal year may be expended for carrying out subsection (b).
(July 1, 1944, ch. 373, title V, §565, as added
Editorial Notes
References in Text
The Individuals with Disabilities Education Act, referred to in subsec. (e), is title VI of
Amendments
2022—Subsec. (d)(2)(B).
Subsec. (f)(1).
2016—Subsec. (b)(1).
Subsec. (b)(1)(B).
Subsec. (d)(1).
Subsec. (f)(1).
2000—Subsec. (a).
Subsec. (f)(1).
1993—Subsec. (c)(1), (d), (f)(1).
Subsec. (f)(2).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 1992, with provision for programs providing financial assistance, see section 801(c), (d) of