42 USC CHAPTER 119, SUBCHAPTER VI, Part F: Family Support Centers
Result 1 of 1
   
 
42 USC CHAPTER 119, SUBCHAPTER VI, Part F: Family Support Centers
From Title 42—THE PUBLIC HEALTH AND WELFARECHAPTER 119—HOMELESS ASSISTANCESUBCHAPTER VI—EDUCATION, TRAINING, AND COMMUNITY SERVICES PROGRAMS

Part F—Family Support Centers

Part Referred to in Other Sections

This part is referred to in title 31 section 6703.

§11481. Definitions

As used in this part:

(1) Advisory council

The term "advisory council" means the advisory council established under section 11482(e)(2)(K) 1 of this title.

(2) Eligible entity

The term "eligible entity" means State or local agencies, a Head Start agency, any community-based organization of demonstrated effectiveness as a community action agency under section 210 of the Economic Opportunity Act of 1984 2 (42 U.S.C. 2790), public housing agencies as defined in section 1437a(b)(6) of this title, State Housing Finance Agencies, local education agencies, an institution of higher education, a public hospital, a community development corporation, a private industry council as defined under section 1512(a) of title 29, a community health center, and any other public or private nonprofit agency or organization specializing in delivering social services.

(3) Family case managers

The term "family case managers" means advisers operating under the provisions of section 11484 of this title.

(4) Governmentally subsidized housing

The term "governmentally subsidized housing" means any rental housing that is assisted under any Federal, State or local program (including a tax credit or tax exempt financing program) and that serves a population that predominately consists of very low income families or individuals.

(5) Homeless

The term "homeless" has the same meaning given such term in the subsections (a) and (c) of section 11302 of this title.

(6) Intensive and comprehensive supportive services

The term "intensive and comprehensive supportive services" means—

(A) in the case of services provided to infants, children and youth, such services that shall be designed to enhance the physical, social, and educational development of such infants and children and that shall include, where appropriate 3 nutritional services, screening and referral services, child care services, early childhood development programs, early intervention services for children with, or at-risk of developmental delays, drop-out prevention services, after-school activities, job readiness and job training services, education (including basic skills and literacy services), emergency services including special outreach services targeted to homeless and runaway youth, crisis intervention and counseling services, and such other services that the Secretary may deem necessary and appropriate;

(B) in the case of services provided to parents and other family members, services designed to better enable parents and other family members to contribute to their child's healthy development and that shall include, where appropriate, substance abuse education, counseling, referral for treatment, crisis intervention, employment counseling and training as appropriate, life-skills training including personal financial counseling, education including basic skills and literacy services, parenting classes, training in consumer homemaking, and such other services as the Secretary shall deem necessary and appropriate;

(C) in the case of services provided by family case managers, needs assessment and support in accessing and maintaining appropriate public assistance and social services, referral for substance abuse counseling and treatment, counseling and crisis intervention, family advocacy services, and housing assistance activities, housing counseling and eviction or foreclosure prevention assistance and referral to sources of emergency rental or mortgage assistance payments and home energy assistance, and other services as appropriate.

(7) Low income

The term "low income" when applied to families or individuals means a family or individual income that does not exceed 80 percent of the median income for an individual or family in the area, as determined by the Secretary of Housing and Urban Development, except that such Secretary may establish income ceilings that are higher or lower than 80 percent of the median for the area on the basis of a finding by such Secretary that such variations are necessary because of prevailing levels of construction costs or unusually high or low individual or family incomes.

(8) Secretary

The term "Secretary" means the Secretary of Health and Human Services.

(9) Very low income

The term "very low income" when applied to families or individuals means a family or individual income that does not exceed 50 percent of the median income for an individual or family in the area, as determined by the Secretary, except that the Secretary may establish income ceilings that are higher or lower than 50 percent of the median for the area on the basis of a finding by the Secretary that such variations are necessary because of unusually high or low individual or family incomes.

(Pub. L. 100–77, title VII, §771, as added Pub. L. 101–645, title VI, §651, Nov. 29, 1990, 104 Stat. 4747.)

References in Text

Section 210 of the Economic Opportunity Act of 1984 (42 U.S.C. 2790), referred to in par. (2), probably means section 210 of the Economic Opportunity Act of 1964, Pub. L. 88–452, title II, Aug. 20, 1964, 78 Stat. 519, as amended, which was classified to section 2790 of this title and was repealed by Pub. L. 97–35, title VI, §683(a), Aug. 13, 1981, 95 Stat. 519.

1 So in original. Probably should be section "11482(e)(2)(J)".

2 See References in Text note below.

3 So in original. Probably should be followed by a comma.

§11482. General grants for provision of services

(a) Authority

The Secretary is authorized to make not more than 30 grants to eligible entities in rural, urban and suburban areas to pay the cost of demonstration programs designed to encourage the provision of intensive and comprehensive supportive services that will enhance the physical, social, and educational development of low-income individuals and families, especially those individuals in very low-income families who were previously homeless and who are currently residing in governmentally subsidized housing or who are at risk of becoming homeless. Such grants shall be of sufficient size, scope, and quality to be effective, and shall be distributed to various entities including those in or near public housing developments, and in low income areas both urban and nonurban.

(b) Gateway programs

The Secretary shall make available not more than 5 demonstration grants in each fiscal year for Gateway programs in accordance with section 11485 of this title.

(c) Agreements with eligible entities

The Secretary shall enter into contracts, agreements, or other arrangements with eligible entities to carry out the provisions of this section.

(d) Considerations by Secretary

In carrying out the provisions of this section, the Secretary shall consider—

(1) the capacity of the eligible entity to administer the comprehensive program for which assistance is sought;

(2) the proximity of the entities and facilities associated with the program to the low-income families to be served by the program or the ability of the entity to provide mobile or offsite services;

(3) the ability of the eligible entity to coordinate and integrate its activities with State and local public agencies (such as agencies responsible for education, employment and training, health and mental health services, substance abuse services, social services, child care, nutrition, income assistance, housing and energy assistance, and other relevant services), with public or private non-profit agencies and organizations that have a demonstrated record of effectiveness in providing assistance to homeless families, and with appropriate nonprofit private organizations involved in the delivery of eligible support services;

(4) fiscal and administrative management of the eligible entity;

(5) the involvement of project participants and community representatives in the planning and operation of the program to the extent practicable; and

(6) the availability and proximity of comparable services provided by Community Action Agencies unless the Community Action Agency is the applicant and intends to expand existing services.

(e) Requirements

(1) In general

Each eligible entity desiring to receive a grant under this section shall—

(A) have demonstrated effectiveness in providing or arranging for the provision of services such as those required under this section;

(B) to the maximum extent practicable, expand, coordinate, integrate, or contract with existing service providers, and avail itself of other resource and reimbursement mechanisms that may be used to provide services; and

(C) submit an application at such time in such manner and containing or accompanied by such information, including the information required under paragraph (2), as the Secretary shall reasonably require.

(2) Application

Each application submitted under paragraph (1)(C) shall—

(A) identify the population and geographic location to be served by the program;

(B) provide assurances that services are closely related to the identifiable needs of the target population;

(C) provide assurances that each program will provide directly or arrange for the provision of intensive and comprehensive supportive services;

(D) identify the referral providers, agencies, and organizations that the program will use;

(E) describe the method of furnishing services at offsite locations, if appropriate;

(F) describe the manner in which the services offered will be accessed through existing program providers to the extent that they are located in the immediate vicinity of the target population, or will contract with such providers for community-based services within the community to be served, and that funds provided under this section will be utilized to create new services only to the extent that no other funds can be obtained to fulfill the purpose.1

(G) describe how the program will relate to the State and local agencies providing assistance to homeless families, or providing health, nutritional, job training, education, housing and energy assistance, and income maintenance services;

(H) describe the collection and provision of data on groups of individuals and geographic areas to be served, including types of services to be furnished, estimated cost of providing comprehensive services on an average per user basis, types and natures of conditions and needs to be identified and assisted, and such other information as the Secretary requires;

(I) describe the manner in which the applicant will implement the requirement of section 11483 of this title;

(J) provide for the establishment of an advisory council that shall provide policy and programming guidance to the eligible entity, consisting of not more than 15 members that shall include—

(i) participants in the programs, including parents;

(ii) representatives of local private industry;

(iii) individuals with expertise in the services the program intends to offer;

(iv) representatives of the community in which the program will be located;

(v) representatives of local government social service providers;

(vi) representatives of local law enforcement agencies;

(vii) representatives of the local public housing agency, where appropriate; and

(viii) representatives of local education providers;


(K) describe plans for evaluating the impact of the program;

(L) include such additional assurances, including submitting necessary reports, as the Secretary may reasonably require;

(M) contain an assurance that if the applicant intends to assess fees for services provided with assistance under this section, such fees shall be nominal in relation to the financial situation of the recipient of such services; and

(N) contain an assurance that amounts received under a grant awarded under this section shall be used to supplement not supplant Federal, State and local funds currently utilized to provide services of the type described in this section.

(f) Administrative provisions

(1) Administrative costs

Two percent of the amounts appropriated under this subchapter may be used by the Secretary to administer the programs established under this subchapter and three percent of the amounts appropriated under this subchapter may be used by the Secretary to evaluate such programs and to provide technical assistance to entities for the development and submission of applications for grants under this section.

(2) Limitation

Not more than 30 grants may be made under this part.

(3) Amount of grants

No grant made under this part may exceed $2,500,000 per year nor more than a total of $4,000,000 for 3 years. Funds received under such grants shall remain available until expended.

(4) Minimum amount

No grant made under subsection (a) of this section may be awarded in an amount that is less than $200,000 per year.

(g) Family support centers

Each program that receives assistance under this section shall establish one or more family support centers that operate—

(1) in or near the immediate vicinity of governmentally subsidized housing;

(2) in urban poverty areas; or

(3) in non-urban poverty areas.


Such centers shall be the primary location for the administration of the programs and the provision of services under this subchapter.

(Pub. L. 100–77, title VII, §772, as added Pub. L. 101–645, title VI, §651, Nov. 29, 1990, 104 Stat. 4749; amended Pub. L. 103–382, title III, §370(a), Oct. 20, 1994, 108 Stat. 3976.)

References in Text

This subchapter, referred to in subsecs. (f)(1) and (g), was in the original "this title", meaning title VII of Pub. L. 100–77, which enacted this subchapter and amended sections 1205 and 1207a of Title 20, Education, and sections 1503 and 1551 of Title 29, Labor.

Amendments

1994—Subsec. (f)(1). Pub. L. 103–382, §370(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "Two percent of the amounts appropriated under this subchapter may be used by the Secretary to administer and evaluate the program established under this subchapter and to provide technical assistance to entities for the development and submission of applications for grants under this section."

Subsec. (f)(3). Pub. L. 103–382, §370(a)(2), substituted "3 years" for "2 years".

Subsec. (f)(4). Pub. L. 103–382, §370(a)(3), added par. (4).

Section Referred to in Other Sections

This section is referred to in sections 11481, 11483, 11484, 11485, 11486 of this title.

1 So in original. The period probably should be a semicolon.

§11483. Training and retention

The Secretary shall require that entities that receive a grant under section 11482 of this title use not more than 7 percent of such grant to improve the retention and effectiveness of staff and volunteers.

(Pub. L. 100–77, title VII, §773, as added Pub. L. 101–645, title VI, §651, Nov. 29, 1990, 104 Stat. 4752.)

Section Referred to in Other Sections

This section is referred to in section 11482 of this title.

§11484. Family case managers

(a) Requirement

Each entity that receives a grant under section 11482 of this title shall employ, subject to subsection (d) of this section, an appropriate number of individuals with expertise in the provision of intensive and comprehensive supportive services to serve as family case managers for the program.

(b) Needs assessment

Each low-income family that desires to receive services from a program that receives assistance under this part shall be assessed by a family case manager on such family's initial visit to such program as to their need for services.

(c) Continuing functions

Family case managers shall formulate a service plan based on a needs assessment for each family. Such case manager shall carry out such plan, and remain available to provide such family with counseling and referral services, to enable such family to become self-sufficient. In carrying out such plan the case manager shall conduct monitoring, tracking, and follow-up activities, as appropriate.

(d) Limitation

Each family case manager shall have a caseload that is of a sufficiently small size so as to permit such manager to effectively manage the delivery of comprehensive services to those families assigned to such manager.

(Pub. L. 100–77, title VII, §774, as added Pub. L. 101–645, title VI, §651, Nov. 29, 1990, 104 Stat. 4752; amended Pub. L. 103–382, title III, §370(d), Oct. 20, 1994, 108 Stat. 3977.)

Amendments

1994—Subsec. (a). Pub. L. 103–382 substituted "subsection (d)" for "subsection (e)".

Section Referred to in Other Sections

This section is referred to in section 11481 of this title.

§11485. Gateway programs

(a) In general

The Secretary shall use amounts made available in accordance with section 11482(b) of this title to make not more than 5 demonstration grants to local education agencies who, in consultation with the local public housing authority and private industry council, agree to provide on-site education, training and necessary support services to economically disadvantaged residents of public housing.

(b) Selection of grant recipients

The Secretary of Health and Human Services, in consultation with the Secretary of Education, shall select a local education agency to receive a grant under subsection (a) of this section if such agency has cooperated with the local public housing authority in order to meet the following requirements:

(1) The local education agency shall demonstrate to the Secretary that training and ancillary support services will be accessed through existing program providers to the extent that they are located in the immediate vicinity of the public housing development, or will contract with such providers for on-site service delivery, and that funds provided under this section will be utilized to purchase such services only to the extent that no other funds can be obtained to fulfill the purpose.

(2) The public housing agency shall agree to make available suitable facilities in the public housing development for the provision of education, training and support services under this section.

(3) The local education agency shall demonstrate that the recipients of service have been recruited with the assistance of the public housing authority and are eligible individuals in accordance with the priorities established in subsection (c) of this section.

(4) The local education agency shall demonstrate the ability to coordinate the services provided in this section with other services provided, with the public housing development and private industry council as well as with other public and private agencies and community-based organizations of demonstrated effectiveness providing similar and ancillary services to the target population.

(5) The local education agency shall demonstrate that they have, to the fullest extent practicable, attempted to employ residents of the public housing development to carry out the purposes of this section whenever qualified residents are available.

(c) Individuals eligible for services

Local education agencies receiving grants under this section shall target participation in the training and services provided under such grants to individuals who—

(1) reside in public housing;

(2) are economically disadvantaged; and

(3) have encountered barriers to employment because of basic skills deficiency including not having a high school diploma, GED, or the equivalent.

(d) Priority

Local education agencies providing services under this section shall give priority to single heads of households with young dependent children.

(e) Mandatory services

Any local education agency that receives a grant under this section shall establish a Gateway program to provide—

(1) outreach and information services designed to make eligible individuals aware of available services;

(2) literacy and bilingual education services, where appropriate;

(3) remedial education and basic skills training;

(4) employment training and personal management skill development or referrals for such services; and

(5) child care or dependent care for dependents of eligible individuals during those times, including afternoons and evenings, when training services are being provided.


To the extent practicable, child care or dependent care services shall be designed to employ public housing residents after appropriate training.

(f) Permissive services

Local education agencies receiving grants under this section may make available, as part of their Gateway programs—

(1) pre-employment skills training;

(2) employment counseling and application assistance;

(3) job development services;

(4) job training;

(5) Federal employment-related activity services;

(6) completion of high school or GED program services;

(7) transitional assistance, including child care for up to 6 months to enable such individual to successfully secure unsubsidized employment;

(8) substance abuse prevention and education; and

(9) other support services that the Secretary deems to be appropriate.

(Pub. L. 100–77, title VII, §775, as added Pub. L. 101–645, title VI, §651, Nov. 29, 1990, 104 Stat. 4752.)

Section Referred to in Other Sections

This section is referred to in section 11482 of this title.

§11486. Evaluation

(a) In general

The Secretary shall contract for an independent evaluation of the programs and entities that receive assistance under this subchapter. Such evaluation shall be complete not later than the date that is 15 months after the date on which the first grants are awarded under this subchapter.

(b) Matter to be evaluated

The evaluation conducted under subsection (a) of this section shall examine the degree to which the programs receiving assistance under this subchapter have fulfilled the objectives included in the application in accordance with section 11432(e)(2) 1 of this title in—

(1) enhancing the living conditions in low income housing and in neighborhoods;

(2) improving the physical, social and educational development of low income children and families served by the program;

(3) achieving progress towards increased potential for independence and self-sufficiency among families served by the program;

(4) the degree to which the provision of services is affected by caseload size;

(5) promoting increases in literacy levels and basic employment skills among residents of public housing developments served by grants under section 11486 2 of this title; and

(6) such other factors that the Secretary may reasonably require.

(c) Information

Each eligible entity receiving a grant under this part shall furnish information requested by evaluators in order to carry out this section.

(d) Results

The results of such evaluation shall be provided by the Secretary to the eligible entities conducting the programs to enable such entities to improve such programs.

(Pub. L. 100–77, title VII, §776, as added Pub. L. 101–645, title VI, §651, Nov. 29, 1990, 104 Stat. 4754.)

Section Referred to in Other Sections

This section is referred to in section 11487 of this title.

1 So in original. Probably should be section "11482(e)(2)".

2 So in original. Probably should be section "11485".

§11487. Report

Not later than July 1, 1995, the Secretary shall prepare and submit, to the Committee on Education and Labor,1 of the House of Representatives and the Committee on Labor and Human Resources of the Senate, a report—

(1) concerning the evaluation required under section 11486 of this title;

(2) providing recommendations for replicating grant programs, including identifying the geographic and demographic characteristics of localities where this service coordination and delivery system may prove effective;

(3) describing any alternative sources of funding utilized or available for the provision of services of the type described in this part; and

(4) describing the degree to which entities are coordinating with other existing programs.

(Pub. L. 100–77, title VII, §777, as added Pub. L. 101–645, title VI, §651, Nov. 29, 1990, 104 Stat. 4754; amended Pub. L. 103–382, title III, §370(b), Oct. 20, 1994, 108 Stat. 3977.)

Amendments

1994Pub. L. 103–382 substituted "1995" for "1992".

Change of Name

Committee on Education and Labor of House of Representatives changed to Committee on Economic and Educational Opportunities of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

1 So in original. The comma probably should not appear.

§11488. Construction

Nothing in this part shall be construed to modify the Federal selection preferences described in section 6 of the United States Housing Act of 1937 (42 U.S.C. 1437d) or the authorized policies and procedures of governmental housing authorities operating under annual assistance contracts pursuant to such Act [42 U.S.C. 1437 et seq.] with respect to admissions, tenant selection and evictions.

(Pub. L. 100–77, title VII, §778, as added Pub. L. 101–645, title VI, §651, Nov. 29, 1990, 104 Stat. 4755.)

References in Text

The United States Housing Act of 1937, referred to in text, is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93–383, title II, §201(a), Aug. 22, 1974, 88 Stat. 653, and amended, which is classified generally to chapter 8 (§1437 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1437 of this title and Tables.

§11489. Authorization of appropriations

There are authorized to be appropriated to carry out this part, $50,000,000 for fiscal year 1991, $55,000,000 for fiscal year 1992, and such sums as may be necessary for each of the fiscal years 1993 through 1998.

(Pub. L. 100–77, title VII, §779, as added Pub. L. 101–645, title VI, §651, Nov. 29, 1990, 104 Stat. 4755; amended Pub. L. 103–382, title III, §370(c), Oct. 20, 1994, 108 Stat. 3977.)

Amendments

1994Pub. L. 103–382 substituted "for each of the fiscal years 1993 through 1998" for "for fiscal year 1993".