
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC5712]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
         CHAPTER 72--JUVENILE JUSTICE AND DELINQUENCY PREVENTION
 
               SUBCHAPTER III--RUNAWAY AND HOMELESS YOUTH
 
            Part A--Runaway and Homeless Youth Grant Program
 
Sec. 5712. Eligibility; plan requirements


(a) Runaway and homeless youth center; project providing temporary 
        shelter; counseling services

    To be eligible for assistance under section 5711(a) of this title, 
an applicant shall propose to establish, strengthen, or fund an existing 
or proposed runaway and homeless youth center, a locally controlled 
project (including a host family home) that provides temporary shelter, 
and counseling services to juveniles who have left home without 
permission of their parents or guardians or to other homeless juveniles.

(b) Provisions of plan

    In order to qualify for assistance under section 5711(a) of this 
title, an applicant shall submit a plan to the Secretary including 
assurances that the applicant--
        (1) shall operate a runaway and homeless youth center located in 
    an area which is demonstrably frequented by or easily reachable by 
    runaway and homeless youth;
        (2) shall use such assistance to establish, to strengthen, or to 
    fund a runaway and homeless youth center, or a locally controlled 
    facility providing temporary shelter, that has--
            (A) a maximum capacity of not more than 20 youth; and
            (B) a ratio of staff to youth that is sufficient to ensure 
        adequate supervision and treatment;

        (3) shall develop adequate plans for contacting the parents or 
    other relatives of the youth and ensuring the safe return of the 
    youth according to the best interests of the youth, for contacting 
    local government officials pursuant to informal arrangements 
    established with such officials by the runaway and homeless youth 
    center and for providing for other appropriate alternative living 
    arrangements;
        (4) shall develop an adequate plan for ensuring--
            (A) proper relations with law enforcement personnel, health 
        and mental health care personnel, social service personnel, 
        school system personnel, and welfare personnel;
            (B) coordination with personnel of the schools to which 
        runaway and homeless youth will return, to assist such youth to 
        stay current with the curricula of those schools; and
            (C) the return of runaway and homeless youth from 
        correctional institutions;

        (5) shall develop an adequate plan for providing counseling and 
    aftercare services to such youth, for encouraging the involvement of 
    their parents or legal guardians in counseling, and for ensuring, as 
    possible, that aftercare services will be provided to those youth 
    who are returned beyond the State in which the runaway and homeless 
    youth center is located;
        (6) shall develop an adequate plan for establishing or 
    coordinating with outreach programs designed to attract persons 
    (including, where applicable, persons who are members of a cultural 
    minority and persons with limited ability to speak English) who are 
    eligible to receive services for which a grant under subsection (a) 
    of this section may be expended;
        (7) shall keep adequate statistical records profiling the youth 
    and family members whom it serves (including youth who are not 
    referred to out-of-home shelter services), except that records 
    maintained on individual runaway and homeless youth shall not be 
    disclosed without the consent of the individual youth and parent or 
    legal guardian to anyone other than another agency compiling 
    statistical records or a government agency involved in the 
    disposition of criminal charges against an individual runaway and 
    homeless youth, and reports or other documents based on such 
    statistical records shall not disclose the identity of individual 
    runaway and homeless youth;
        (8) shall submit annual reports to the Secretary detailing how 
    the center has been able to meet the goals of its plans and 
    reporting the statistical summaries required by paragraph (7);
        (9) shall demonstrate its ability to operate under accounting 
    procedures and fiscal control devices as required by the Secretary;
        (10) shall submit a budget estimate with respect to the plan 
    submitted by such center under this subsection;
        (11) shall supply such other information as the Secretary 
    reasonably deems necessary; and
        (12) shall submit to the Secretary an annual report that 
    includes, with respect to the year for which the report is 
    submitted--
            (A) information regarding the activities carried out under 
        this part;
            (B) the achievements of the project under this part carried 
        out by the applicant; and
            (C) statistical summaries describing--
                (i) the number and the characteristics of the runaway 
            and homeless youth, and youth at risk of family separation, 
            who participate in the project; and
                (ii) the services provided to such youth by the project.

(c) Applicants providing street-based services

    To be eligible to use assistance under section 5711(a)(2)(C)(i) of 
this title to provide street-based services, the applicant shall include 
in the plan required by subsection (b) of this section assurances that 
in providing such services the applicant will--
        (1) provide qualified supervision of staff, including on-street 
    supervision by appropriately trained staff;
        (2) provide backup personnel for on-street staff;
        (3) provide initial and periodic training of staff who provide 
    such services; and
        (4) conduct outreach activities for runaway and homeless youth, 
    and street youth.

(d) Applicants providing home-based services

    To be eligible to use assistance under section 5711(a) of this title 
to provide home-based services described in section 5711(a)(2)(C)(ii) of 
this title, an applicant shall include in the plan required by 
subsection (b) of this section assurances that in providing such 
services the applicant will--
        (1) provide counseling and information to youth and the families 
    (including unrelated individuals in the family households) of such 
    youth, including services relating to basic life skills, 
    interpersonal skill building, educational advancement, job 
    attainment skills, mental and physical health care, parenting 
    skills, financial planning, and referral to sources of other needed 
    services;
        (2) provide directly, or through an arrangement made by the 
    applicant, 24-hour service to respond to family crises (including 
    immediate access to temporary shelter for runaway and homeless 
    youth, and youth at risk of separation from the family);
        (3) establish, in partnership with the families of runaway and 
    homeless youth, and youth at risk of separation from the family, 
    objectives and measures of success to be achieved as a result of 
    receiving home-based services;
        (4) provide initial and periodic training of staff who provide 
    home-based services; and
        (5) ensure that--
            (A) caseloads will remain sufficiently low to allow for 
        intensive (5 to 20 hours per week) involvement with each family 
        receiving such services; and
            (B) staff providing such services will receive qualified 
        supervision.

(e) Applicants providing drug abuse education and prevention services

    To be eligible to use assistance under section 5711(a)(2)(C)(iii) of 
this title to provide drug abuse education and prevention services, an 
applicant shall include in the plan required by subsection (b) of this 
section--
        (1) a description of--
            (A) the types of such services that the applicant proposes 
        to provide;
            (B) the objectives of such services; and
            (C) the types of information and training to be provided to 
        individuals providing such services to runaway and homeless 
        youth; and

        (2) an assurance that in providing such services the applicant 
    shall conduct outreach activities for runaway and homeless youth.

(Pub. L. 93-415, title III, Sec. 312, Sept. 7, 1974, 88 Stat. 1130; Pub. 
L. 95-115, Sec. 7(a)(2), (3), Oct. 3, 1977, 91 Stat. 1058; Pub. L. 96-
509, Sec. 18(d), Dec. 8, 1980, 94 Stat. 2762; Pub. L. 98-473, title II, 
Sec. 652, Oct. 12, 1984, 98 Stat. 2123; Pub. L. 100-690, title VII, 
Sec. 7271(c)(1)-(3), Nov. 18, 1988, 102 Stat. 4453; Pub. L. 102-586, 
Sec. 3(c), Nov. 4, 1992, 106 Stat. 5019; Pub. L. 106-71, Sec. 3(c), Oct. 
12, 1999, 113 Stat. 1036.)


                               Amendments

    1999--Subsec. (b)(8). Pub. L. 106-71, Sec. 3(c)(1)(A), substituted 
``paragraph (7)'' for ``paragraph (6)''.
    Subsec. (b)(12). Pub. L. 106-71, Sec. 3(c)(1)(B)-(D), added par. 
(12).
    Subsecs. (c) to (e). Pub. L. 106-71, Sec. 3(c)(2), added heading and 
text of subsecs. (c) to (e) and struck out former subsecs. (c) and (d) 
which related to street-based service projects and home-based service 
projects, respectively, but which specified more detailed lists of 
services applicants were to provide in order to qualify for assistance.
    1992--Subsec. (a). Pub. L. 102-586, Sec. 3(c)(1), substituted 
``project (including a host family home) that provides'' for ``facility 
providing''.
    Subsec. (b)(2). Pub. L. 102-586, Sec. 3(c)(2)(A), amended par. (2) 
generally. Prior to amendment, par. (2) read as follows: ``shall have a 
maximum capacity of no more than twenty children, with a ratio of staff 
to children of sufficient proportion to assure adequate supervision and 
treatment;''.
    Subsec. (b)(3). Pub. L. 102-586, Sec. 3(c)(2)(B), substituted 
``parents or other relatives of the youth and ensuring'' for ``child's 
parents or relatives and assuring'' and ``youth'' for ``child'' after 
``the'' in two places.
    Subsec. (b)(4). Pub. L. 102-586, Sec. 3(c)(2)(C), amended par. (4) 
generally. Prior to amendment, par. (4) read as follows: ``shall develop 
an adequate plan for assuring proper relations with law enforcement 
personnel, social service personnel, school system personnel, and 
welfare personnel, and the return of runaway and homeless youth from 
correctional institutions;''.
    Subsec. (b)(5). Pub. L. 102-586, Sec. 3(c)(2)(D), substituted 
``providing counseling and aftercare services to such youth, for 
encouraging the involvement of their parents or legal guardians in 
counseling, and for ensuring'' for ``aftercare counseling involving 
runaway and homeless youth and their families within the State in which 
the runaway and homeless youth center is located and for assuring'' and 
``youth'' for ``children'' after ``those''.
    Subsec. (b)(6). Pub. L. 102-586, Sec. 3(c)(2)(G), added par. (6). 
Former par. (6) redesignated (7).
    Subsec. (b)(7). Pub. L. 102-586, Sec. 2(c)(2)(E), (F), redesignated 
par. (6) as (7) and substituted ``youth and family members whom it 
serves (including youth who are not referred to out-of-home shelter 
services)'' for ``children and family members which it serves''.
    Subsec. (b)(8) to (11). Pub. L. 102-586, Sec. 3(c)(2)(F), 
redesignated pars. (7) to (10) as (8) to (11), respectively.
    Subsecs. (c), (d). Pub. L. 102-586, Sec. 3(c)(2)(H), added subsecs. 
(c) and (d).
    1988--Subsec. (a). Pub. L. 100-690, Sec. 7271(c)(1), (2), 
substituted ``section 5711(a) of this title'' for ``this part'' and 
``runaway and homeless youth center'' for ``runaway center''.
    Subsec. (b). Pub. L. 100-690, Sec. 7271(c)(1), (3)(A), substituted 
``section 5711(a) of this title'' for ``this part'' and ``including 
assurances that the applicant'' for ``meeting the following requirements 
and including the following information. Each center'' in introductory 
provisions.
    Subsec. (b)(1). Pub. L. 100-690, Sec. 7271(c)(3)(B), substituted 
``shall operate a runaway and homeless youth center'' for ``shall be'' 
and ``runaway and homeless youth'' for ``runaway youth''.
    Subsec. (b)(3). Pub. L. 100-690, Sec. 7271(c)(3)(C), substituted 
``runaway and homeless youth center'' for ``runaway center''.
    Subsec. (b)(4). Pub. L. 100-690, Sec. 7271(c)(3)(D), substituted 
``runaway and homeless youth'' for ``runaway youths''.
    Subsec. (b)(5). Pub. L. 100-690, Sec. 7271(c)(3)(C), (E), 
substituted ``runaway and homeless youth'' for ``runaway youth'' and 
substituted ``runaway and homeless youth center'' for ``runaway center'' 
in two places.
    Subsec. (b)(6). Pub. L. 100-690, Sec. 7271(c)(3)(D), (E), 
substituted ``individual runaway and homeless youth'' for ``individual 
runaway youths'' in two places and ``against an individual runaway and 
homeless youth'' for ``against an individual runaway youth''.
    1984--Subsec. (b)(2). Pub. L. 98-473, Sec. 652(1), substituted 
``proportion'' for ``portion''.
    Subsec. (b)(3). Pub. L. 98-473, Sec. 652(2), struck out ``(if such 
action is required by State law)'' before ``and assuring''.
    Subsec. (b)(4). Pub. L. 98-473, Sec. 652(3), inserted ``school 
system personnel''.
    Subsec. (b)(5). Pub. L. 98-473, Sec. 652(4), substituted 
``families'' for ``parents''.
    Subsec. (b)(6). Pub. L. 98-473, Sec. 652(5), substituted ``family 
members'' for ``parents''.
    1980--Subsec. (a). Pub. L. 96-509, Sec. 18(d)(1), substituted 
``center'' for ``house'' and inserted ``or to other homeless juveniles'' 
after ``parents or guardians''.
    Subsec. (b). Pub. L. 96-509, Sec. 18(d)(2), substituted ``center'' 
for ``house'' wherever appearing, and in par. (4) inserted reference to 
social service personnel and welfare personnel.
    1977--Subsec. (b)(5), (6). Pub. L. 95-115 substituted ``aftercare 
services'' for ``aftercase services'' in par. (5), and ``the consent of 
the individual youth and parent or legal guardian'' for ``parental 
consent'' in par. (6).


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-690 effective Oct. 1, 1988, see section 
7296(a) of Pub. L. 100-690, set out as a note under section 5601 of this 
title.


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-473 effective Oct. 12, 1984, see section 
670(a) of Pub. L. 98-473, set out as a note under section 5601 of this 
title.


                    Effective Date of 1977 Amendment

    Amendment by Pub. L. 95-115 effective Oct. 1, 1977, see section 
263(c) of Pub. L. 93-415, as added by Pub. L. 95-115, set out as a note 
under section 5601 of this title.
