§5116. Community-based family resource programs

(a) Purpose

The purpose of this subchapter is to assist each State to develop and implement, or expand and enhance, a comprehensive, statewide system of family resource services through innovative funding mechanisms and collaboration with existing education, vocational rehabilitation, health, mental health, employment and training, child welfare, and other social services agencies within the State.

(b) Authority

The Secretary shall make grants to States on a formula basis for the purpose of-

(1) establishing and expanding statewide networks of community-based family resource programs, including funds for the initial costs of providing specific family resource services, that ensure family involvement in the design and operation of family resource programs which are responsive to the unique and diverse strengths of children and families;

(2) promoting child abuse and neglect prevention activities;

(3) promoting the establishment and operation of State trust funds or other mechanisms for integrating child and family services funding streams in order to provide flexible funding for the development of community-based family resource programs;

(4) establishing or expanding community-based collaboration to foster the development of a continuum of preventive services for children and families, which are family-centered and culturally competent;

(5) encouraging public and private partnerships in the establishment and expansion of family resource programs; and

(6) increasing and promoting interagency coordination among State agencies, and encouraging public and private partnerships in the establishment and expansion of family resource programs.

(c) Eligibility for grants

A State is eligible for a grant under this section for any fiscal year if-

(1) such State has established or maintained in the previous fiscal year-

(A) a trust fund, including appropriations for such fund; or

(B) any other mechanism that pools State, Federal, and private funds for integrating child and family service resources; and

(2) such trust fund or other funding mechanism includes (in whole or in part) provisions making funding available specifically for a broad range of child abuse and neglect prevention activities and family resource programs.

(d) Amount of grant

(1) In general

Amounts appropriated for a fiscal year to provide grants under this section shall be allotted to the designated lead agencies of eligible States in each fiscal year so that-

(A) 50 percent of the total amount appropriated for such fiscal year is allotted among each State based on the number of children under the age of 18 residing in each State, except that each State shall receive not less than $100,000; and

(B) the remaining 50 percent of the total amount appropriated for such fiscal year is allotted in an amount equal to 25 percent of the total amount allocated by each such State to the State's trust fund or other mechanism for integrating family resource services in the fiscal year prior to the fiscal year for which the allotment is being determined.

(2) Allocation

Funds identified by the State for the purpose of qualifying for incentive funds under paragraph (1)(B) shall be allocated through the mechanism used to determine State eligibility under subsection (c) of this section and shall be controlled by the lead agency described in subsection (f)(1) of this section.

(e) Existing grants

A State or entity that has a grant in effect on May 18, 1994, under the Family Resource and Support Program or the Emergency Child Abuse Prevention Grants Program shall continue to receive funds under such Programs, subject to the original terms under which such funds were granted, through the end of the applicable grant cycle.

(f) Application

No grant may be made to any eligible State under this section unless an application is prepared and submitted to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary determines to be essential to carry out the purposes and provisions of this section, including-

(1) a description of the agency designated by the Chief Executive Officer of the State to administer the funds provided under this section and assume responsibility for implementation and oversight of the family resource programs and other child abuse and neglect prevention activities, and an assurance that the agency so designated-

(A) is the trust fund advisory board, or an existing organization created by executive order or State statute that is not an existing State agency, that has interdisciplinary governance, including participants from communities, and that integrates family resource services and leverages State, Federal, and private funds for family resource programs; or

(B) with respect to a State without a trust fund mechanism or other organization that meets the requirements of subparagraph (A), is an existing State agency, or other public, quasi-public, or nonprofit private agency responsible for the development and implementation of a statewide network of community-based family resource programs;

(2) assurances that the agency designated under paragraph (1) can demonstrate the capacity to fulfill the purposes described in subsection (a) of this section, and shall have-

(A) a demonstrated ability to work with other State and community-based agencies, to provide training and technical assistance;

(B) a commitment to parental participation in the design and implementation of family resource programs;

(C) the capacity to promote a statewide system of family resource programs throughout the State; and

(D) the capacity to exercise leadership in implementing effective strategies for capacity building, family and professional training, and access to, and funding for, family resource services across agencies;

(3) an assurance that the State has an interagency process coordinated by the agency designated in paragraph (1) for effective program development that-

(A) does not duplicate existing processes for developing collaborative efforts to better serve children and families;

(B) provides a written strategic plan for the establishment of a network of family resource programs (publicly available and funded through public and private sources) that identifies specific measurable goals and objectives;

(C) involves appropriate personnel in the process, including-

(i) parents (including parents of children with disabilities) and prospective participants in family resource programs, including respite care programs;

(ii) staff of existing programs providing family resource services, including staff of Head Start programs and community action agencies that provide such services;

(iii) representatives of State and local government such as social service, health, mental health, education, vocational rehabilitation, employment, economic development agencies, and organizations providing community services activities;

(iv) representatives of the business community;

(v) representatives of general purpose local governments;

(vi) representatives of groups with expertise in child abuse prevention, including respite and crisis care;

(vii) representatives of local communities in which family resource programs are likely to be located;

(viii) representatives of groups with expertise in providing services to children with disabilities; and

(ix) other individuals with expertise in the services that the family resource programs of the State intend to offer; and

(D) coordinates activities funded under this subchapter with-

(i) the State Interagency Coordinating Council, established under part H of the Individuals with Disabilities Education Act [20 U.S.C. 1471 et seq.];

(ii) the advisory panel established under section 613(a)(12) of the Individuals with Disabilities Education Act (20 U.S.C. 1413(a)(12));

(iii) the State Rehabilitation Advisory Council established under the Rehabilitation Act of 1973 [29 U.S.C. 701 et seq.];

(iv) the State Development Disabilities Planning Council, established under the Developmental Disabilities Assistance and Bill of Rights Act [42 U.S.C. 6000 et seq.];

(v) the Head Start State Collaboration project;

(vi) the State Advisory group designated in the Juvenile Justice and Delinquency Prevention Act of 1974 [42 U.S.C. 5601 et seq.]; and

(vii) other local or regional family service councils within the State, to the extent that such councils exist;

(4) an inventory and description of the current family resource programs operating in the State, the current unmet need for the services provided under such programs, including the need for building increased capacity to provide specific family resource services, including respite care, and the intended scope of the State family resource program, the population to be served, the manner in which the program will be operated, and the manner in which such program will relate to other community services and public agencies;

(5) evidence that Federal assistance received under this section-

(A) has been supplemented with non-Federal public and private assistance, including a description of the projected level of financial commitment by the State to develop a family resource network; and

(B) will be used to supplement and not supplant other State and local public funds expended for family resource programs;

(6) a description of the core services, as required by this section, and other support services to be provided by the program and the manner in which such services will be provided, including the extent to which either family resources, centers, home visiting, or community collaboratives will be used;

(7) a description of any public information activities the agency designated in paragraph (1) will undertake for the purpose of promoting family stability and preventing child abuse and neglect, including child sexual abuse;

(8) an assurance that the State will provide funds for the initial startup costs associated with specific family resource services, including respite services, and a description of the services to be funded;

(9) assurances that the State program will maintain cultural diversity and be culturally competent;

(10) a description of the guidelines for requiring parental involvement in State and local program development, policy design, and governance and the process for assessing and demonstrating that parental involvement in program development, operation, and governance occurs;

(11) a description of the State and community-based interagency planning processes to be utilized to develop and implement family resource programs;

(12) a description of the criteria that the State will utilize for awarding grants for local programs so that they meet the requirements of subsection (g) of this section;

(13) a description of the outreach and other activities the program will undertake to maximize the participation of racial and ethnic minorities, persons with limited English proficiency, individuals with disabilities, and members of other underserved or underrepresented groups in all phases of the program;

(14) a plan for providing training, technical assistance, and other assistance to local communities in program development and networking activities;

(15) a description of the methods to be utilized to evaluate the implementation and effectiveness of the family resource programs within the State;

(16) a description of proposed actions by the State that will facilitate the changing of laws, regulations, policies, practices, procedures, and organizational structures, that impede the availability or provision of family resource services; and

(17) an assurance that the State will provide the Secretary with reports, at such time and containing such information as the Secretary may require.

(g) Local program requirements

(1) In general

A State that receives a grant under this section shall use amounts received under such grant to establish local family resource programs that-

(A) undertake a community-based needs assessment and program planning process which involves parents, and local public and nonprofit agencies (including those responsible for providing health, education, vocational rehabilitation, employment training, Head Start and other early childhood, child welfare, and social services);

(B) develop a strategy to provide comprehensive services to families to meet identified needs through collaboration, including public-private partnerships;

(C) identify appropriate community-based organizations to administer such programs locally;

(D) provide core services, and other services directly or through contracts or agreements with other local agencies;

(E) involve parents in the development, operation, and governance of the program; and

(F) participate in the development and maintenance of a statewide network of family resource programs.

(2) Priority

In awarding local grants under this section, a State shall give priority to programs serving low-income communities and programs serving young parents or parents with young children and shall ensure that such grants are equitably distributed among urban and rural areas.

(h) Definitions

As used in this section:

(1) Children with disabilities

The term "children with disabilities" has the meaning given such term in section 602(a)(2) of ¹ Individuals With ² Disabilities Education Act [20 U.S.C. 1401(a)(1)].

(2) Community referral services

The term "community referral services" means services to assist families in obtaining community resources, including respite services, health and mental health services, employability development and job training and other social services.

(3) Culturally competent

The term "culturally competent" means services, supports, or other assistance that is conducted or provided in a manner that-

(A) is responsive to the beliefs, interpersonal styles, attitudes, languages, and behaviors of those individuals receiving services; and

(B) has the greatest likelihood of ensuring maximum participation of such individuals.

(4) Family resource program

The term "family resource program" means a program that offers community-based services that provide sustained assistance and support to families at various stages in their development. Such services shall promote parental competencies and behaviors that will lead to the healthy and positive personal development of parents and children through-

(A) the provisions of assistance to build family skills and assist parents in improving their capacities to be supportive and nurturing parents;

(B) the provision of assistance to families to enable such families to use other formal and informal resources and opportunities for assistance that are available within the communities of such families; and

(C) the creation of supportive networks to enhance the childrearing capacity of parents and assist in compensating for the increased social isolation and vulnerability of families.

(5) Family resource services

The term "family resource services" means-

(A) core services that must be provided directly by the family resource program under this section, including-

(i) education and support services provided to assist parents in acquiring parenting skills, learning about child development, and responding appropriately to the behavior of their children;

(ii) early developmental screening of children to assess the needs of such children and to identify the types of support to be provided;

(iii) outreach services;

(iv) community referral services; and

(v) follow-up services; and

(B) other services, which may be provided either directly or through referral, including-

(i) early care and education (such as child care and Head Start);

(ii) respite services;

(iii) job readiness and counseling services (including skill training);

(iv) education and literacy services;

(v) nutritional education;

(vi) life management skills training;

(vii) peer counseling and crisis intervention, and family violence counseling services;

(viii) referral for health (including prenatal care) and mental health services;

(ix) substance abuse treatment; and

(x) services to support families of children with disabilities that are designed to prevent inappropriate out-of-the-home placement and maintain family unity.

(6) Interdisciplinary governance

The term "interdisciplinary governance" includes governance by representatives from communities and representatives from existing health, mental health, education, vocational rehabilitation, employment and training, child welfare, and other agencies within the State.

(7) Outreach services

The term "outreach services" means services provided to ensure (through home visits or other methods) that parents and other caretakers are aware of and able to participate in family resource program activities.

(8) Respite services

The term "respite services" means short-term care services provided in the temporary absence of the regular caregiver (parent, other relative, foster parent, adoptive parent, guardian) to children who meet one or more of the following categories:

(A) The children are in danger of abuse or neglect.

(B) The children have experienced abuse or neglect.

(C) The children have disabilities, or chronic or terminal illnesses.

Services provided within or outside the child's home shall be short-term care, ranging from a few hours to a few weeks of time, per year, and be intended to enable the family to stay together and to keep the child living in the child's home and community.

(i) Authorization of appropriations

There are authorized to be appropriated to carry out this subchapter, $50,000,000 for fiscal year 1995.

(Pub. L. 93–247, title II, §201, as added Pub. L. 103–252, title IV, §401(a), May 18, 1994, 108 Stat. 666 .)

References in Text

The Individuals with Disabilities Education Act, referred to in subsec. (f)(3)(D)(i), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175 , as amended. Part H of the Act is classified generally to subchapter VIII (§1471 et seq.) of chapter 33 of Title 20, Education. For complete classification of this Act to the Code, see section 1400 of Title 20 and Tables.

The Rehabilitation Act of 1973, referred to in subsec. (f)(3)(D)(iii), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355 , as amended, which is classified generally to chapter 16 (§701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables.

The Developmental Disabilities Assistance and Bill of Rights Act, referred to in subsec. (f)(3)(D)(iv), is title I of Pub. L. 88–164, as added by Pub. L. 98–527, §2, Oct. 19, 1984, 98 Stat. 2662 , which is classified generally to chapter 75 (§6000 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6000 of this title and Tables.

The Juvenile Justice and Delinquency Prevention Act of 1974, referred to in subsec. (f)(3)(D)(vi), is Pub. L. 93–415, Sept. 7, 1974, 88 Stat. 1109 , as amended, which is classified principally to chapter 72 (§5601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5601 of this title and Tables.

Prior Provisions

Prior sections 5116 to 5116g were omitted in the general amendment of this subchapter by Pub. L. 103–252, §401(a).

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 subchapter to assist States in supporting child abuse and neglect prevention activities through community based grants.

Section 5116a, Pub. L. 93–247, title II, §202, formerly Pub. L. 98–473, title IV, §403, Oct. 12, 1984, 98 Stat. 2197 ; renumbered §202 of Pub. L. 93–247, and amended Pub. L. 101–126, §§2(a), 3(a)(3), (c)(1), 4(b), Oct. 25, 1989, 103 Stat. 764 , 766, defined "Secretary" and "State" as used in this subchapter.

Section 5116b, Pub. L. 93–247, title II, §203, formerly 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.

Section 5116c, Pub. L. 93–247, title II, §204, formerly 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.

Section 5116d, Pub. L. 93–247, title II, §205, formerly 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 requirements.

Section 5116e, Pub. L. 93–247, title II, §206, formerly Pub. L. 98–473, title IV, §407, Oct. 12, 1984, 98 Stat. 2199 ; renumbered §206 of Pub. L. 93–247, and amended Pub. L. 101–126, §§2(a), 3(a)(3), (c)(1), 4(f), Oct. 25, 1989, 103 Stat. 764 , 766, 768, related to withholding of grant payments upon failure to comply with provisions of this subchapter.

Section 5116f, Pub. L. 93–247, title II, §207, formerly Pub. L. 98–473, title IV, §408, Oct. 12, 1984, 98 Stat. 2199 ; renumbered §207 of Pub. L. 93–247, and amended Pub. L. 101–126, §§2(a), 3(a)(3), (c)(1), 4(g), Oct. 25, 1989, 103 Stat. 764 , 766, 768, related to audits of grant recipients.

Section 5116g, Pub. L. 93–247, title II, §208, formerly Pub. L. 98–473, title IV, §409, Oct. 12, 1984, 98 Stat. 2199 ; renumbered §208 of Pub. L. 93–247, and amended Pub. L. 101–126, §§2(a), 3(a)(3), (c)(3), 4(h), Oct. 25, 1989, 103 Stat. 764 , 766, 768, related to reports to Congress.

¹ So in original. Probably should be "section 602(a)(1) of the".

² So in original. Probably should not be capitalized.