42 U.S.C. § 5116d — Application

Page 6347 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5116d (c) Allocation Funds allotted to a State under this section— (1) shall be for a 3-year period; and (2) shall be provided by the Secretary to the State on an annual basis, as described in sub- section (b). (Pub. L. 93–247, title II, § 203, as added Pub. L. 104–235, title I, § 121, Oct. 3, 1996, 110 Stat. 3082; amended Pub. L. 108–36, title I, § 123, June 25, 2003, 117 Stat. 815; Pub. L. 111–320, title I, § 134, Dec. 20, 2010, 124 Stat. 3479.) Editorial Notes REFERENCES IN TEXT Section 5116i of this title, referred to in subsecs. (a) and (b)(1), was in the original ‘‘section 210’’, and was translated as meaning section 209 of Pub. L. 93–247 to reflect the probable intent of Congress and the redesig- nation of section 210 as 209 by Pub. L. 111–320, title I, § 141, Dec. 20, 2010, 124 Stat. 3482. PRIOR PROVISIONS A prior section 5116b, Pub. L. 93–247, title II, § 203, for- merly Pub. L. 98–473, title IV, § 404, Oct. 12, 1984, 98 Stat. 2197; renumbered § 203 of Pub. L. 93–247, and amended Pub. L. 101–126, §§ 2(a), 3(a)(3), (c)(1), 4(c), 5, Oct. 25, 1989, 103 Stat. 764, 766–768; Pub. L. 102–295, title I, § 122, May 28, 1992, 106 Stat. 198, authorized Secretary to make grants and authorized appropriations to carry out this subchapter, prior to the general amendment of this subchapter by Pub. L. 103–252, § 401(a). AMENDMENTS 2010—Subsec. (b)(1). Pub. L. 111–320 inserted subpar. headings. 2003—Subsec. (b)(1)(B). Pub. L. 108–36, § 123(1), sub- stituted ‘‘as the amount of private, State or other non- Federal funds leveraged and directed through the cur- rently designated’’ for ‘‘as the amount leveraged by the State from private, State, or other non-Federal sources and directed through the’’, ‘‘State lead entity’’ for ‘‘State lead agency’’, and ‘‘the current lead entity’’ for ‘‘the lead agency’’. Subsec. (c)(2). Pub. L. 108–36, § 123(2), substituted ‘‘subsection (b)’’ for ‘‘subsection (a)’’. § 5116c. Repealed. Pub. L. 108–36, title I, § 124, June 25, 2003, 117 Stat. 815 Section, Pub. L. 93–247, title II, § 204, as added Pub. L. 104–235, title I, § 121, Oct. 3, 1996, 110 Stat. 3083; amended Pub. L. 106–400, § 2, Oct. 30, 2000, 114 Stat. 1675, related to continuation of grants and agreements in effect on October 3, 1996. A prior section 5116c, Pub. L. 93–247, title II, § 204, for- merly Pub. L. 98–473, title IV, § 405, Oct. 12, 1984, 98 Stat. 2198; renumbered § 204 of Pub. L. 93–247, and amended Pub. L. 101–126, §§ 2(a), 3(a)(3), (c)(1), 4(d), Oct. 25, 1989, 103 Stat. 764, 766, 767; Pub. L. 102–295, title I, § 123, May 28, 1992, 106 Stat. 198, established requirement for State grant eligibility, prior to the general amendment of this subchapter by Pub. L. 103–252, § 401(a). § 5116d. Application A grant may not be made to a State under this subchapter unless an application therefor is sub- mitted by the State to the Secretary and such application contains the types of information specified by the Secretary as essential to car- rying out the provisions of section 5116a of this title, including— (1) a description of the lead entity that will be responsible for the administration of funds provided under this subchapter and the over- sight of programs funded through the commu- nity-based and prevention-focused programs and activities designed to strengthen and sup- port families to prevent child abuse and ne- glect which meets the requirements of section 5116a of this title; (2) a description of how the community- based and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect will operate, including how community-based child abuse and neglect prevention programs provided by public and private, nonprofit orga- nizations will be integrated into a developing continuum of family centered, holistic, pre- ventive services for children and families; (3) a description of the inventory of current unmet needs and current community-based and prevention-focused programs and activi- ties to prevent child abuse and neglect, and other family resource services operating in the State; (4) a budget for the development, operation, and expansion of the community-based and prevention-focused programs and activities de- signed to strengthen and support families to prevent child abuse and neglect that verifies that the State will expend in non-Federal funds an amount equal to not less than 20 per- cent of the amount received under this sub- chapter (in cash, not in-kind) for activities under this subchapter; (5) an assurance that funds received under this subchapter will supplement, not supplant, other State and local public funds designated for the 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; (6) a description of the State’s capacity to ensure the meaningful involvement of parents who are consumers, of family advocates, and of adult former victims of child abuse or ne- glect, who can provide leadership in the plan- ning, implementation, and evaluation of the programs and policy decisions of the applicant agency in accomplishing the desired outcomes for such efforts; (7) a description of the criteria that the enti- ty will use to develop, or select and fund, com- munity-based and prevention-focused pro- grams and activities designed to strengthen and support families to prevent child abuse and neglect as part of network development, expansion, or enhancement; (8) a description of outreach activities that the entity and the community-based and pre- vention-focused programs designed to strengthen and support families to prevent child abuse and neglect will undertake to maximize the participation of racial and eth- nic minorities, children and adults with dis- abilities, homeless families and those at risk of homelessness, unaccompanied homeless youth, and members of other underserved or underrepresented groups; (9) a plan for providing operational support, training, and technical assistance to commu- nity-based and prevention-focused programs and activities designed to strengthen and sup- 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-