
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-310 Section 3105(c),]
[CITE: 42USC290ff-4]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
      SUBCHAPTER III-A--SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES 
                             ADMINISTRATION
 
          Part E--Children With Serious Emotional Disturbances
 
Sec. 290ff-4. General provisions


(a) Duration of support

    The period during which payments are made to a public entity from a 
grant under section 290ff(a) of this title may not exceed 5 fiscal 
years.

(b) Technical assistance

                           (1) In general

        The Secretary shall, upon the request of a public entity 
    receiving a grant under section 290ff(a) of this title--
            (A) provide technical assistance to the entity regarding the 
        process of submitting to the Secretary applications for grants 
        under section 290ff(a) of this title; and
            (B) provide to the entity training and technical assistance 
        with respect to the planning, development, and operation of 
        systems of care pursuant to section 290ff-1 of this title.

               (2) Authority for grants and contracts

        The Secretary may provide technical assistance under subsection 
    (a) of this section directly or through grants to, or contracts 
    with, public and nonprofit private entities.

(c) Evaluations and reports by Secretary

                           (1) In general

        The Secretary shall, directly or through contracts with public 
    or private entities, provide for annual evaluations of programs 
    carried out pursuant to section 290ff(a) of this title. The 
    evaluations shall assess the effectiveness of the systems of care 
    operated pursuant to such section, including longitudinal studies of 
    outcomes of services provided by such systems, other studies 
    regarding such outcomes, the effect of activities under this part on 
    the utilization of hospital and other institutional settings, the 
    barriers to and achievements resulting from interagency 
    collaboration in providing community-based services to children with 
    a serious emotional disturbance, and assessments by parents of the 
    effectiveness of the systems of care.

                       (2) Report to Congress

        The Secretary shall, not later than 1 year after the date on 
    which amounts are first appropriated under subsection (c) of this 
    section, and annually thereafter, submit to the Congress a report 
    summarizing evaluations carried out pursuant to paragraph (1) during 
    the preceding fiscal year and making such recommendations for 
    administrative and legislative initiatives with respect to this 
    section as the Secretary determines to be appropriate.

(d) Definitions

    For purposes of this part:
        (1) The term ``child'' means an individual not more than 21 
    years of age.
        (2) The term ``family'', with respect to a child provided access 
    to a system of care under section 290ff-1(a) of this title, means--
            (A) the legal guardian of the child; and
            (B) as appropriate regarding mental health services for the 
        child, the parents of the child (biological or adoptive, as the 
        case may be) and any foster parents of the child.

        (3) The term ``funding agreement'', with respect to a grant 
    under section 290ff(a) of this title to a public entity, means that 
    the Secretary may make such a grant only if the public entity makes 
    the agreement involved.
        (4) The term ``serious emotional disturbance'' includes, with 
    respect to a child, any child who has a serious emotional disorder, 
    a serious behavioral disorder, or a serious mental disorder.

(e) Rule of construction

    Nothing in this part shall be construed as limiting the rights of a 
child with a serious emotional disturbance under the Individuals with 
Disabilities Education Act [20 U.S.C. 1400 et seq.].

(f) Funding

                 (1) Authorization of appropriations

        For the purpose of carrying out this part, there are authorized 
    to be appropriated $100,000,000 for fiscal year 1993, and such sums 
    as may be necessary for fiscal year 1994.

            (2) Limitation regarding technical assistance

        Not more than 10 percent of the amounts appropriated under 
    paragraph (1) for a fiscal year may be expended for carrying out 
    subsection (b) of this section.

(July 1, 1944, ch. 373, title V, Sec. 565, as added Pub. L. 102-321, 
title I, Sec. 119, July 10, 1992, 106 Stat. 356; amended Pub. L. 103-43, 
title XX, Sec. 2017(2), June 10, 1993, 107 Stat. 218.)

                       References in Text

    The Individuals with Disabilities Education Act, referred to in 
subsec. (e), is title VI of Pub. L. 91-230, Apr. 13, 1970, 84 Stat. 175, 
as amended, which is classified generally to chapter 33 (Sec. 1400 et 
seq.) of Title 20, Education. For complete classification of this Act to 
the Code, see section 1400 of Title 20 and Tables.


                               Amendments

    1993--Subsec. (c)(1), (d), (f)(1). Pub. L. 103-43, Sec. 2017(2)(A), 
(B), (C)(i), substituted ``this part'' for ``this subpart''.
    Subsec. (f)(2). Pub. L. 103-43, Sec. 2017(2)(C)(ii), amended heading 
and text of par. (2) generally. Prior to amendment, text read as 
follows: ``Of the amounts appropriated under paragraph (1) for a fiscal 
year, the Secretary shall make available not less than $3,000,000 for 
the purpose of carrying out subsection (b) of this section.''


                             Effective Date

    Section effective Oct. 1, 1992, with provision for programs 
providing financial assistance, see section 801(c), (d) of Pub. L. 102-
321, set out as an Effective Date of 1992 Amendment note under section 
236 of this title.
