42 U.S.C. § 5116 — Purpose and authority

Page 6343 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5116 § 5115. Authorization of appropriations (a) There are authorized to be appropriated $40,000,000 for fiscal year 2010 and such sums as may be necessary for fiscal years 2011 through 2015 to carry out programs and activities au- thorized under this subchapter. (b) Not less than 30 percent and not more than 50 percent of the funds appropriated under sub- section (a) shall be allocated for activities under subsections (b)(10) and (c) of section 5113 of this title. (c) The Secretary shall ensure that funds ap- propriated pursuant to authorizations in this subchapter shall remain available until ex- pended for the purposes for which they were ap- propriated. (Pub. L. 95–266, title II, § 205, Apr. 24, 1978, 92 Stat. 211; Pub. L. 98–457, title II, § 204, Oct. 9, 1984, 98 Stat. 1757; Pub. L. 100–294, title II, § 201, Apr. 25, 1988, 102 Stat. 122; Pub. L. 102–295, title IV, § 404, May 28, 1992, 106 Stat. 214; Pub. L. 104–235, title II, § 213, Oct. 3, 1996, 110 Stat. 3091; Pub. L. 108–36, title II, § 205, June 25, 2003, 117 Stat. 822; Pub. L. 111–320, title III, § 301(c), Dec. 20, 2010, 124 Stat. 3513.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in subsec. (a), was in the original ‘‘this subtitle’’, and was translated as reading ‘‘this title’’, meaning title II of Pub. L. 95–266, to re- flect the probable intent of Congress, because Pub. L. 95–266 does not contain subtitles. AMENDMENTS 2010—Subsec. (a). Pub. L. 111–320, § 301(c)(1), sub- stituted ‘‘2010’’ for ‘‘2004’’ and ‘‘2011 through 2015’’ for ‘‘2005 through 2008’’. Subsecs. (b), (c). Pub. L. 111–320, § 301(c)(2), (3), added subsec. (b) and redesignated former subsec. (b) as (c). 2003—Subsec. (a). Pub. L. 108–36 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as fol- lows: ‘‘There are authorized to be appropriated, $20,000,000 for fiscal year 1997, and such sums as may be necessary for each of the fiscal years 1998 through 2001 to carry out programs and activities authorized.’’ 1996—Subsec. (a). Pub. L. 104–235, § 213(1), substituted ‘‘$20,000,000 for fiscal year 1997, and such sums as may be necessary for each of the fiscal years 1998 through 2001 to carry out programs and activities authorized’’ for ‘‘$10,000,000 for fiscal year 1992, and such sums as may be necessary for each of the fiscal years 1993 through 1995, to carry out programs and activities under this subchapter except for programs and activi- ties authorized under sections 5113(b)(9) and 5113(c)(1) of this title’’. Subsecs. (b), (c). Pub. L. 104–235, § 213(2), (3), redesig- nated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: ‘‘For any fiscal year in which appropriations under subsection (a) of this section ex- ceeds $5,000,000, there are authorized to be appropriated $10,000,000 for fiscal year 1992, and such sums as may be necessary for each of the fiscal years 1993 through 1995, to carry out section 5113(b)(9) of this title, and there are authorized to be appropriated $10,000,000 for fiscal year 1992, and such sums as may be necessary for each of the fiscal years 1993 through 1995, to carry out sec- tion 5113(c)(1) of this title.’’ 1992—Subsec. (a). Pub. L. 102–295, § 404(1), added sub- sec. (a) and struck out former subsec. (a) which read as follows: ‘‘There are hereby authorized to be appro- priated $6,000,000 for the fiscal year 1988, and such sums as may be necessary for each of the fiscal years 1989, 1990, and 1991 to carry out programs and activities under this subchapter except for programs and activi- ties authorized under sections 5113(b)(8) and 5113(c)(1) of this title.’’ Subsec. (b). Pub. L. 102–295, § 404(2), substituted ‘‘$10,000,000 for fiscal year 1992, and such sums as may be necessary for each of the fiscal years 1993 through 1995, to carry out section 5113(b)(9) of this title, and there are authorized to be appropriated $10,000,000 for fiscal year 1992, and such sums as may be necessary for each of the fiscal years 1993 through 1995, to carry out section 5113(c)(1) of this title’’ for ‘‘$3,000,000 for fiscal year 1988, and such sums as may be necessary for fiscal years 1989, 1990, and 1991 for the purpose of carrying out section 5113(b)(8) of this title, and there are authorized to be appropriated $3,000,000 for fiscal year 1988, and such sums as may be necessary for fiscal years 1989, 1990, and 1991 for the purpose of carrying out section 5113(c)(1) of this title’’. 1988—Pub. L. 100–294 amended section generally. Prior to amendment, section read as follows: ‘‘There are au- thorized to be appropriated $5,000,000 for the fiscal year ending September 30, 1978, such sums as may be nec- essary for the succeeding three fiscal years, and $5,000,000 for each of the fiscal years 1984, 1985, 1986, and 1987, to carry out this subchapter.’’ 1984—Pub. L. 98–457 inserted provisions authorizing appropriations of $5,000,000 for each of fiscal years 1984, 1985, 1986, and 1987. § 5115a. Repealed. Pub. L. 104–188, title I, § 1808(d), Aug. 20, 1996, 110 Stat. 1904 Section, Pub. L. 103–382, title V, § 553, Oct. 20, 1994, 108 Stat. 4056, related to multiethnic placements. SUBCHAPTER III—COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD ABUSE AND NEGLECT Editorial Notes CODIFICATION Subchapter is comprised of title II of the Child Abuse Prevention and Treatment Act, Pub. L. 93–247. Title I of that Act is classified to subchapter I (§ 5101 et seq.) of this chapter. Pub. L. 111–320, title I, § 131, Dec. 20, 2010, 124 Stat. 3478, substituted ‘‘COMMUNITY-BASED’’ for ‘‘COMMUNITY–BASED’’ in subchapter heading. Pub. L. 108–36, title I, § 121(c), June 25, 2003, 117 Stat. 814, substituted ‘‘COMMUNITY–BASED GRANTS FOR THE PREVENTION OF CHILD ABUSE AND NE- GLECT’’ for ‘‘COMMUNITY-BASED FAMILY RE- SOURCE AND SUPPORT GRANTS’’ in subchapter heading. § 5116. Purpose and authority (a) Purpose It is the purpose of this subchapter— (1) to support community-based efforts to develop, operate, expand, enhance, and coordi- nate initiatives, programs, and activities to prevent child abuse and neglect and to support the coordination of resources and activities, to better strengthen and support families to re- duce the likelihood of child abuse and neglect; and (2) to foster an understanding, appreciation, and knowledge of diverse populations in order to be effective in preventing and treating child abuse and neglect. (b) Authority The Secretary shall make grants under this subchapter on a formula basis to the entity des- ignated by the State as the lead entity (referred Page 6344 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5116 1 See References in Text note below. to in this subchapter as the ‘‘lead entity’’) under section 5116a(1) of this title for the purpose of— (1) developing, operating, expanding, and en- hancing community-based and prevention-fo- cused programs and activities designed to strengthen and support families to prevent child abuse and neglect that are accessible, ef- fective, culturally appropriate, and build upon existing strengths that— (A) offer assistance to families; (B) provide early, comprehensive support for parents; (C) promote the development of parenting skills, especially in young parents and par- ents with very young children; (D) increase family stability; (E) improve family access to other formal and informal resources and opportunities for assistance available within communities, in- cluding access to such resources and oppor- tunities for unaccompanied homeless youth; (F) support the additional needs of fami- lies with children with disabilities through respite care and other services; (G) demonstrate a commitment to involv- ing parents in the planning and program im- plementation of the lead agency and entities carrying out local programs funded under this title, including involvement of parents of children with disabilities, parents who are individuals with disabilities, racial and eth- nic minorities, and members of other under- represented or underserved groups; and (H) provide referrals to early health and developmental services; (2) fostering the development of a continuum of preventive services for children and fami- lies, including unaccompanied homeless youth, through State and community-based collaborations and partnerships both public and private; (3) financing the start-up, maintenance, ex- pansion, or redesign of specific community- based child abuse and neglect prevention pro- gram services (such as respite care services, child abuse and neglect prevention activities, disability services, mental health services, substance abuse treatment services, domestic violence services, housing services, transpor- tation, adult education, home visiting and other similar services) identified by the inven- tory and description of current services re- quired under section 5116d(3) 1 of this title as an unmet need, and integrated with the net- work of community-based child abuse and ne- glect prevention programs to the extent prac- ticable given funding levels and community priorities; (4) maximizing funding through leveraging of funds for the financing, planning, commu- nity mobilization, collaboration, assessment, information and referral, startup, training and technical assistance, information management and reporting, reporting and evaluation costs for establishing, operating, or expanding com- munity-based and prevention-focused pro- grams and activities designed to strengthen and support families to prevent child abuse and neglect; and (5) financing public information activities that focus on the healthy and positive devel- opment of parents and children and the pro- motion of child abuse and neglect prevention activities. (Pub. L. 93–247, title II, § 201, as added Pub. L. 104–235, title I, § 121, Oct. 3, 1996, 110 Stat. 3080; amended Pub. L. 108–36, title I, § 121(a), (b), June 25, 2003, 117 Stat. 813; Pub. L. 111–320, title I, § 132, Dec. 20, 2010, 124 Stat. 3478.) Editorial Notes REFERENCES IN TEXT Section 5116d(3) of this title, referred to in subsec. (b)(3), was in the original ‘‘section 205(a)(3)’’ and was translated as meaning section 204(3) of Pub. L. 93–247 to reflect the probable intent of Congress and the redesig- nation of section 205 as 204 by Pub. L. 111–320, title I, § 141, Dec. 20, 2010, 124 Stat. 3482, and because section 204 does not contain subsections. PRIOR PROVISIONS A prior section 5116, Pub. L. 93–247, title II, § 201, as added Pub. L. 103–252, title IV, § 401(a), May 18, 1994, 108 Stat. 666, related to community-based family resource programs, prior to the general amendment of this sub- chapter by Pub. L. 104–235, § 121. Another prior section 5116, Pub. L. 93–247, title II, § 201, formerly Pub. L. 98–473, title IV, § 402, Oct. 12, 1984, 98 Stat. 2197; renumbered § 201 of Pub. L. 93–247, and amended Pub. L. 101–126, §§ 2(a), 3(a)(3), (c)(1), 4(a), Oct. 25, 1989, 103 Stat. 764, 766; Pub. L. 102–295, title I, § 121(b), May 28, 1992, 106 Stat. 198, set forth purpose of sub- chapter to assist States in supporting child abuse and neglect prevention activities through community based grants, prior to the general amendment of this sub- chapter by Pub. L. 103–252, § 401(a). AMENDMENTS 2010—Subsec. (a)(1). Pub. L. 111–320, § 132(1), added par. (1) and struck out former par. (1) which read as follows: ‘‘to support community-based efforts to develop, oper- ate, expand, enhance, and, where appropriate to net- work, initiatives aimed at the prevention of child abuse and neglect, and to support networks of coordinated re- sources and activities to better strengthen and support families to reduce the likelihood of child abuse and ne- glect; and’’. Subsec. (b). Pub. L. 111–320, § 132(2)(A), struck out ‘‘hereafter’’ before ‘‘referred’’ in introductory provi- sions. Subsec. (b)(1). Pub. L. 111–320, § 132(2)(B)(i), in intro- ductory provisions, inserted a comma after ‘‘expand- ing’’ and struck out ‘‘(through networks where appro- priate)’’ after ‘‘child abuse and neglect’’. Subsec. (b)(1)(E). Pub. L. 111–320, § 132(2)(B)(ii), in- serted ‘‘, including access to such resources and oppor- tunities for unaccompanied homeless youth’’ before semicolon at end. Subsec. (b)(1)(G). Pub. L. 111–320, § 132(2)(B)(iii), added subpar. (G) and struck out former subpar. (G) which read as follows: ‘‘demonstrate a commitment to mean- ingful parent leadership, including among parents of children with disabilities, parents with disabilities, ra- cial and ethnic minorities, and members of other underrepresented or underserved groups; and’’. Subsec. (b)(2). Pub. L. 111–320, § 132(2)(C), inserted ‘‘, including unaccompanied homeless youth,’’ after ‘‘children and families’’. Subsec. (b)(3). Pub. L. 111–320, § 132(2)(D), substituted ‘‘specific community-based child abuse and neglect pre- vention program services’’ for ‘‘specific family resource and support program services’’, inserted ‘‘substance abuse treatment services, domestic violence services,’’ after ‘‘mental health services,’’, and substituted ‘‘the network of community-based child abuse and neglect 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;