§5117c. Administrative provisions

(a) Applications

(1)(A) Any State which desires to receive a grant under section 5117a or 5117b of this title shall submit an application to the Secretary in such form and at such times as the Secretary may require. Such application shall-

(i) describe the proposed State program, including the services to be provided, the agencies and organizations that will provide the services, and the criteria for selection of children and families for participation in projects under the program;

(ii) contain an estimate of the cost of developing, implementing, and evaluating the State program;

(iii) set forth the plan for dissemination of the results of the projects;

(iv) specify the State agency designated to administer programs and activities assisted under this subchapter and the plans for coordinating interagency support of the program; and

(v) with respect to State agencies described in subparagraph (B), provide documentation of a commitment by all such agencies to develop a State plan for coordination among the agencies in carrying out programs and activities provided by the State pursuant to a grant under section 5117a of this title.

(B) State agencies referred to in subparagraph (A)(v) are State agencies responsible for providing services to children with disabilities or with chronic or terminal illnesses, or responsible for financing services for such children, or both, including State agencies responsible for carrying out State programs that-

(i) receive Federal financial assistance; and

(ii) relate to social services, maternal and child health, comprehensive health and mental health, medical assistance and infants, or toddlers and families.

(2) Such application shall contain assurances that-

(A) not more than 5 percent of funds made available under this subchapter will be used for State administrative costs;

(B) projects will be of sufficient size, scope, and quality to achieve the objectives of the program;

(C) in the distribution of funds made available under section 5117a of this title, a State will give priority consideration to agencies and organizations with experience in working with children with disabilities, with chronically ill children, and with the families of such children, and which serve communities with the greatest need for such services;

(D) in the distribution of funds made available under section 5117b of this title, the State will give priority consideration to agencies and organizations with experience in working with abused or neglected children and their families, and with children at high risk of abuse and neglect and their families, and which serve communities which demonstrate the greatest need for such services; and

(E) Federal funds made available under this subchapter will be so used as to supplement and, to the extent practicable, increase the amount of State and local funds that would in the absence of such Federal funds be made available for the uses specified in this subchapter, and in no case supplant such State or local funds.

(b) Award of grants

(1) In reviewing applications for grants under this subchapter, the Secretary shall consider, among other factors, the equitable geographical distribution of grants.

(2) In the award of temporary non-medical child care demonstration grants under section 5117a of this title, the Secretary shall give a preference to States in which such care is unavailable.

(3) Of the funds appropriated under section 5117d of this title, one-half shall be available for grants under section 5117a of this title and one-half shall be available for grants under section 5117b of this title.

(c) Evaluations

States receiving grants under this subchapter, shall annually submit a report to the Secretary evaluating funded programs. Such report shall include-

(1)(A) information concerning costs, the number of participants, impact on family stability, the incidence of abuse and neglect, the types, amounts, and costs of various services provided, demographic data on recipients of services, and such other information as the Secretary may require; and

(B) with respect to services provided by the States pursuant to section 5117a of this title, information concerning the number of families receiving services and documentation of parental satisfaction with the services provided;

(2) a specification of the amount and source of public funds, and of private funds, expended in the State for temporary child care for children with disabilities or with chronic or terminal illnesses; and

(3) a State strategy for expanding the availability in the State of temporary child care, and other family support, for families of children with disabilities or with chronic or terminal illnesses, which strategy specifies the manner in which the State intends to expend any Federal financial assistance available to the State for such purpose, including any such assistance provided to the State for programs described in subsection (a)(1)(B) of this section.

(d) Definitions

For the purposes of this subchapter-

(1) the term "Secretary" means the Secretary of Health and Human Services;

(2) the term "children with disabilities" has the meaning given such term in section 1401(a)(1) of title 20;

(3) the term "crisis nursery" means a center providing temporary emergency services and care for children;

(4) the term "non-medical child care" means the provision of care to provide temporary relief for the primary caregiver; and

(5) the term "State" means any of the several States, the District of Columbia, the Virgin Islands of the United States, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Marshall Islands, the Federated States of Micronesia, or Palau.

( Pub. L. 99–401, title II, §205, Aug. 27, 1986, 100 Stat. 908 ; Pub. L. 101–127, §§2(2), 3, 4, Oct. 25, 1989, 103 Stat. 770 , 771; Pub. L. 101–476, title IX, §901(a)(3), (g), Oct. 30, 1990, 104 Stat. 1142 , 1151; Pub. L. 102–295, title II, §202, May 28, 1992, 106 Stat. 200 .)

Amendments

1992-Subsec. (a)(1)(A). Pub. L. 102–295, §202(b), which directed the amendment of cl. (vi) by substituting "(v)" for "(vi)", could not be executed because subpar. (A) does not contain a cl. (vi).

Subsec. (d)(2). Pub. L. 102–295, §202(a), substituted "given such term" for "given the term 'children with disabilities' ".

1990-Subsec. (d)(2). Pub. L. 101–476, §901(g), substituted "children with disabilities" for "handicapped children".

Pub. L. 101–476, §901(a)(3), substituted reference to the Individuals with Disabilities Education Act for reference to the Education of the Handicapped Act in the original, which for purposes of codification was translated as section 1401 of title 20, thus requiring no change in text.

1989-Subsec. (a)(1). Pub. L. 101–127, §3(a), designated existing provisions as subpar. (A), redesignated subpars. (A) to (D) as cls. (i) to (iv), respectively, added cl. (v), and added subpar. (B).

Subsec. (a)(2)(C). Pub. L. 101–127, §2(2)(A), substituted "working with children with disabilities, with chronically ill children, and with the families of such children," for "working with handicapped and chronically ill children and their families".

Subsec. (c). Pub. L. 101–127, §4, designated existing provisions relating to information concerning costs, number of participants, etc., as par. (1)(A) and added pars. (1)(B), (2), and (3).

Subsec. (d)(2). Pub. L. 101–127, §2(2)(B), substituted " 'children with disabilities' has the meaning given the term 'handicapped children' in" for " 'handicapped children' has the meaning given such term in".

Subsec. (d)(5). Pub. L. 101–127, §3(b), added par. (5).

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–476 effective Oct. 1, 1990, see section 1001 of Pub. L. 101–476, set out as a note under section 1087ee of Title 20, Education.