Part B—Grants for State and Community Programs for Children, Youth, and Families
§12331. Purpose
It is the purpose of this part to encourage and assist State and local agencies to coordinate resources, reduce barriers to services, and develop new capacities to ensure that State and community services designed to serve children, youth, and families are more effective and comprehensive.
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Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 1990, see section 1001(a) of
§12332. Definitions
As used in this part:
(1) Community referral services
The term "community referral services" means services to assist families in obtaining community resources, including health care, mental health care, employability development and job training, and other social services.
(2) Core services
The term "core services" means—
(A) educational and support services provided to assist parents in acquiring parenting skills, learning about child development, and responding appropriately to the behavior of their children; and
(B) the early developmental screening of children to assess any needs of such children and to identify specific types of support that may be provided;
(C) outreach services;
(D) community referral services; and
(E) follow up services.
(3) Follow up services
The term "follow up services" means services provided to ensure that necessary services are received by families and are effective in meeting their needs.
(4) Independent State body
The term "independent State body" means the entity established under
(5) Lead agency
The term "lead agency" means an existing State agency, or other public or nonprofit private entity designated by the chief executive officer of the State as the agency responsible for the development and implementation of local family resource and support programs. Such agency shall have demonstrated ability to work with other State and community based agencies, to provide training and technical assistance, and shall also have a commitment to parental participation in the design and administration of family resource and support programs.
(6) Other services
The term "other services" and "other support services" includes—
(A) child care, early childhood development and intervention programs;
(B) employability development services (including skill training);
(C) educational services, such as scholastic tutoring, literacy training, and General Educational Degree (GED) services;
(D) nutritional education;
(E) life management skills training;
(F) peer counseling and crisis intervention, family violence counseling and referrals for such services;
(G) referral for substance abuse counseling and treatment referral; and
(H) referral for primary health and mental health services.
(7) Outreach services
The term "outreach services" means services provided to ensure (through home visits or other methods) that parents are aware of and able to participate in family resource and support program activities.
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Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 1990, see section 1001(a) of
§12333. Establishment of programs
The Commissioner shall make grants—
(1) in each State under
(A) adequate and safe physical shelter whether in their own homes or, if necessary, in out-of-home programs;
(B) high quality physical and mental health care;
(C) the enhancement of the development of children to ensure that children enter school prepared and ready to learn;
(D) highest quality educational opportunity;
(E) effective training and apprenticeships to increase the likelihood of employment;
(F) opportunities for community service and productive employment, and for participation by children and youth in decisions affecting the lives of such children and youth; and
(G) a wide range of civic, cultural, and recreational activities that recognize young individuals as resources and promote self-esteem and a sense of community; and
(2) to States on a competitive basis under section 12339 1 of this title to establish family resource programs (including family support centers) in order to enhance the ability of families to remain together and to thrive through the provision of community based services that—
(A) promote and build family and parenting skills;
(B) promote and assist families in the use of formal and informal family support services;
(C) create a support network to strengthen and reinforce good parenting; and
(D) are closely linked with, but not duplicative of, other community resources.
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Editorial Notes
References in Text
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 1990, see section 1001(a) of
1 See References in Text note below.
§12334. Administration
(a) In general
The Commissioner shall administer programs under this part through the Administration on Children, Youth, and Families.
(b) Technical assistance
In carrying out this part, the Commissioner may request the technical assistance and cooperation of the Secretary of Education, the Secretary of Labor, the Attorney General, the Secretary of Housing and Urban Development, the Secretary of Transportation, the Director of the Office of Community Services, and such other agencies and departments of the Federal Government as may be appropriate.
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Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 1990, see section 1001(a) of
§12335. State plan
(a) Submission of plan
The chief executive officer of a State, in order to be eligible for grants from an allotment under section 12337, 12338, or 12339 1 of this title for any fiscal year, shall prepare and submit to the Commissioner a State plan for a 3-year period.
(b) Revisions of plan
Each chief executive officer of a State may make annual revisions of the State plan referred to in subsection (a).
(c) Content of plan
The chief executive officer of a State shall include within the State plan of that State assurances as required under sections 2 12337, 12338, or 12339 1 of this title, and a description of the proposed multi-year plans of the State for program development and implementation.
(d) Type of application
A State may apply for funds under one or more of the following categories:
(1)
(2)
(3) section 12339 1 of this title.
In the case of each category, the State application and plan shall comply only with the requirements of the appropriate section.
(e) Approval of plan
(1) In general
The Commissioner shall approve any State plan under
(2) Notice and opportunity to correct deficiencies
The Commissioner shall not make a final determination disapproving any State plan, modifying such plan, or declaring a State to be ineligible to receive funds under
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Editorial Notes
References in Text
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 1990, see section 1001(a) of
1 See References in Text note below.
2 So in original. Probably should be "section".
§12336. Independent State body
(a) Designation
A State shall not be eligible to receive a grant from an allotment under
(1) the chief executive officer of such State designates an independent State body that is composed of—
(A) cabinet level representatives from each agency of such State that has responsibilities for programs affecting young individuals who shall comprise a majority of the independent State body; and
(B) individuals appointed from among—
(i) private nonprofit providers of services to young individuals;
(ii) advocacy and citizens groups concerned with young individuals;
(iii) committees of the legislature of such State that have responsibility for young individuals;
(iv) leaders who are young individuals, including such leaders who are recipients of services provided under this subchapter;
(v) representatives of the business community;
(vi) representatives of employees of providers of services to young individuals;
(vii) representatives of general purpose local government; and
(viii) such staff as shall be necessary to—
(I) develop a State plan to be submitted to the Commissioner for approval under
(II) administer and monitor the State plan within such State;
(III) assist in the coordination of all State activities related to the purpose of the chapter;
(IV) serve as an effective and visible advocate for young individuals by reviewing and commenting on all State plans, budgets, and policies that affect such individuals and the families of such individuals by providing technical assistance to any agency, organization, association, or individual representing the needs of young individuals; and
(2) the independent State body designated under paragraph (1)—
(A) develops a system for the distribution within the State of funds received under
(B) submits a description of such system to the Commissioner for review and comment; and
(C) ensures that preference will be given in such distribution of funds to developing or supporting local service delivery systems that—
(i) provide a range of services organized to tailor responses to needs rather than a predetermined array of services;
(ii) are rooted in and part of the communities that such systems are designed to serve as measured by the degree to which public and private community leaders and young individuals participate in the planning of such systems; and
(iii) demonstrate an ability to develop systematic collaboration among service providers on behalf of children, youth and families, including joint planning, joint financing, joint service delivery, common intake and assessment, and other arrangements that promote more effective service systems for such individuals.
(b) Existing entity
The Commissioner may approve a State plan in which the chief executive officer of the State designates as the independent State body an existing State entity that is comprised of the parties described in subsection (a) and that is authorized to conduct the same range of interagency planning and coordination activities.
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Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 1990, see section 1001(a) of
§12337. State coordination of services
(a) Authority
The Commissioner shall make grants under this section to States on a formula basis for the purpose of improving the coordination of services provided to children, youth, and families.
(b) Application
To be eligible to receive a grant under this section, the chief executive officer of a State shall prepare and submit to the Commissioner an application containing a plan providing assurances that—
(1) the independent State body is committed to interagency planning that results in statewide policies promoting systematic collaboration among agencies on behalf of young individuals as demonstrated by joint planning, joint financing, joint service delivery, common intake and assessment, and other arrangements that reduce barriers to services and promote more effective local service delivery systems for young individuals;
(2) such plan will be based on needs as identified through an analysis of updated reports (such as "State of the Child" reports) prepared by the State, including detailed information gathered by the State, to the extent practicable, on young individuals and the families of such individuals concerning—
(A) age, sex, race, and ethnicity;
(B) the residences of such individuals;
(C) the incidence of homelessness among such individuals;
(D) the composition of families of such individuals;
(E) the economic situations of such individuals;
(F) the incidence of poverty among such individuals;
(G) experiences in the care of such individuals away from home;
(H) the health of such individuals;
(I) violence in the homes or communities of such individuals;
(J) the nature of the attachment of such individuals to school and work;
(K) dropout rates of such individuals from school; and
(L) the character of the communities in which such individuals reside;
(3) the system to be used for the distribution of funds within the State will require that—
(A) each area have an equal opportunity to apply for or receive funds under this part; and
(B) the public be given an opportunity to express views concerning the development and administration of such plan;
(4) the independent State body will provide an inventory of existing public and private services for children, youth and their families and will evaluate the need for supportive services within the State to address the purposes of this chapter and determine the extent to which existing public and private programs meet such need;
(5) the independent State body will make such reports, in such form, and containing such information, as the Commissioner may require;
(6) such fiscal control and fund accounting procedures will be adopted as may be necessary to ensure proper disbursement of, and accounting for, Federal funds paid under this part to the chief executive officer of the State, including any such funds paid to the recipients of a grant or contract;
(7) the independent State body will conduct periodic evaluations of activities and projects carried out pursuant to this section and
(8) the chief executive officer of the State will provide technical assistance or in-service training opportunities for personnel responsible for carrying out the purposes of this section and
(9) the chief executive officer of each State will provide for the implementation of the requirements of
(c) Use of grants to States
Notwithstanding
(1) the costs of the preparation of such plan and the provision of technical assistance to local areas;
(2) the costs of the evaluation of activities carried out under such plan;
(3) the costs of the collection of data and the carrying out of analyses related to the need for supportive services within the State;
(4) the costs of the dissemination of information obtained under paragraph (3); and
(5) the costs of the provision of short-term training to personnel of public or nonprofit private agencies and organizations engaged in the operation of programs authorized by this part.
(e) 1 Supplement not supplant
Amounts received by a State under this section and
(f) Relationship to family resource and support program grants
If a State intends to apply for a grant under section 12339 2 of this title to be used for the same calendar year as the grant under this section, such State shall include in the application for a grant under this section a description of plans for family resource and support programs and for the coordination of the use of all funds received under this part.
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Editorial Notes
References in Text
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 1990, see section 1001(a) of
1 So in original. No subsec. (d) has been enacted.
2 See References in Text note below.
§12338. Supportive services
(a) Authority
The Commissioner shall carry out a program for making grants to a State, that has designated an independent State body under
(b) Eligible services
The services eligible to be provided under subsection (a) are services—
(1) that are designed to facilitate the provision of comprehensive community based services that are efficient, coordinated, and readily available through such activities as case planning, case management, intake and assessment, and information and referral; and
(2) that serve any of the following purposes—
(A) provide adequate and safe physical shelter to young individuals and the families of such individuals, especially in emergency circumstances;
(B) provide transitional living services to young individuals who are homeless;
(C) enable young individuals to attain and maintain physical and mental well-being;
(D) provide health screening to detect or prevent illnesses, or both, that occur most frequently in young individuals as well as better treatment and counseling;
(E) enhance the development of children to ensure that such children enter school prepared and ready to learn;
(F) promote the highest quality of educational opportunity, especially through drop-out prevention programs, remediation for young individuals who have dropped out of school, and vocational education;
(G) provide effective training apprenticeships and employment opportunities;
(H) promote participation in community service and civic, cultural, and recreational activities that value young individuals as resources and promote self-esteem and a stake in the community;
(I) promote the participation of young individuals in decisions concerning planning and managing the lives of such individuals;
(J) encourage young individuals and the families of such individuals to use any community facilities and services that are available to such individuals;
(K) ensure that young individuals who are unable to live with the biological families of such individuals have a safe place to live until such individuals can return home or move into independent adult life; and
(L) prevent the abuse, neglect, or exploitation of young individuals.
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Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 1990, see section 1001(a) of
§12339. Repealed. Pub. L. 103–252, title IV, §401(b)(1), May 18, 1994, 108 Stat. 672
Section,
§12340. Authorization of appropriation and allotment
(a) Administration on Children, Youth, and Families; State coordination; supportive services
(1) Authorization of appropriations
There are authorized to be appropriated to carry out
(2) Availability of appropriation
Of the amount appropriated under paragraph (1) for any fiscal year—
(A) not more than 10 percent shall be available to carry out
(B) not less than 90 percent shall be available to carry out
(3) Allotment formula
Except as provided in paragraph (4), from the amount available under paragraph (2)(B) for each fiscal year, a State shall be allotted an amount that bears the same ratio to the amount appropriated for such fiscal year as the population of the State that is under the age of 21 bears to the population of all States that is under the age of 21.
(4) Exceptions
(A) In general
Except as provided in subparagraph (B) and subject to the availability of appropriations under paragraph (1), no State shall be allotted less than $300,000 under the formula established under paragraph (3).
(B) Limitation on allotment
Notwithstanding subparagraph (A), Guam, the Virgin Islands, the Trust Territory of the Pacific Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands shall each be allotted not less than $75,000 under the formula established under paragraph (2).
(b) Determination of age
The number of individuals under the age of 21 in each State shall be determined by the Commissioner on the basis of the most recent data available to the Commissioner.
(c) Transfer of allotted funds
Whenever the Commissioner determines that—
(1) any amount allotted to a State for a fiscal year under
(2) a State has failed to qualify under the State plan required under
the Commissioner shall make such allotment available for carrying out such purposes to other participating States in a proportional manner based on the relative population of the State of individuals under the age of 21.
(d) Repealed. Pub. L. 103–252, title IV, §402(b)(2), May 18, 1994, 108 Stat. 673
(e) Limitation
A State shall not use in excess of 10 percent of a grant awarded under section 12338 or 12339 1 of this title for administrative activities at the State level.
(f) Grants for Indians
The Commissioner shall use 1 percent of the amount appropriated under this section for each fiscal year to make allotments to Indian tribes and tribal organizations (such terms having the same meaning given to such terms in section 5304(b) and (c) 1 of title 25) that submit to the Commissioner a plan that meets criteria consistent with the provisions of this part and that comply with other requirements established by the Commissioner.
(g) Limitation
Grants made under this subchapter may be used to pay not more than 80 percent of the cost of—
(1) the preparation, administration, and evaluation of State plans under
(2) the development of comprehensive, efficient, coordinated supportive services under
(3) the development, expansion, and operation of local family support and resource programs under section 12339 1 of this title.
The remaining 20 percent of such cost shall be paid by the State with funds from non-Federal sources.
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Editorial Notes
References in Text
Amendments
1994—Subsec. (a)(1).
Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 1990, see section 1001(a) of
Executive Documents
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding