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United States Code (Last Updated: May 24, 2014) |
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Title 42. THE PUBLIC HEALTH AND WELFARE |
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Chapter 6A. PUBLIC HEALTH SERVICE |
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SubChapter III–A. SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION |
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Part B. Centers and Programs |
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SubPart 2. center for substance abuse prevention |
§ 290bb–25. Grants for services for children of substance abusers
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(a) Establishment (1) In general The Secretary, acting through the Administrator of the Substance Abuse and Mental Health Services Administration, shall make grants to public and nonprofit private entities for the purpose of carrying out programs— (A) to provide the services described in subsection (b) of this section to children of substance abusers; (B) to provide the applicable services described in subsection (c) of this section to families in which a member is a substance abuser; (C) to identify such children and such families through youth service agencies, family social services, child care providers, Head Start, schools and after-school programs, early childhood development programs, community-based family resource and support centers, the criminal justice system, health, substance abuse and mental health providers through screenings conducted during regular childhood examinations and other examinations, self and family member referrals, substance abuse treatment services, and other providers of services to children and families; and (D) to provide education and training to health, substance abuse and mental health professionals, and other providers of services to children and families through youth service agencies, family social services, child care, Head Start, schools and after-school programs, early childhood development programs, community-based family resource and support centers, the criminal justice system, and other providers of services to children and families. (2) Administrative consultations The Administrator of the Administration for Children, Youth, and Families and the Administrator of the Health Resources and Services Administration shall be consulted regarding the promulgation of program guidelines and funding priorities under this section.
(3) Requirement of status as medicaid provider (A) Subject to subparagraph (B), the Secretary may make a grant under paragraph (1) only if, in the case of any service under such paragraph that is covered in the State plan approved under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.] for the State involved— (i) (I) the entity involved will provide the service directly, and the entity has entered into a participation agreement under the State plan and is qualified to receive payments under such plan; or (II) the entity will enter into an agreement with an organization under which the organization will provide the service, and the organization has entered into such a participation agreement and is qualified to receive such payments; and (ii) the entity will identify children who may be eligible for medical assistance under a State program under title XIX or XXI of the Social Security Act [42 U.S.C. 1396 et seq., 1397aa et seq.]. (B) (i) In the case of an organization making an agreement under subparagraph (A)(ii) (m) Data collection The Secretary shall periodically collect and report on information concerning the numbers of children in substance abusing families, including information on the age, gender and ethnicity of the children, the composition and income of the family, and the source of health care finances. The periodic report shall include a quantitative estimate of the prevalence of alcohol and drug problems in families involved in the child welfare system, the barriers to treatment and prevention services facing these families, and policy recommendations for removing the identified barriers, including training for child welfare workers.
(n) Definitions For purposes of this section: (1) The term “caretaker”, with respect to a child of a substance abuser, means any individual acting in a parental role regarding the child (including any birth parent, foster parent, adoptive parent, relative of such a child, or other individual acting in such a role). (2) The term “children of substance abusers” means— (A) children who have lived or are living in a household with a substance abuser who is acting in a parental role regarding the children; and (B) children who have been prenatally exposed to alcohol or other drugs. (3) The term “Indian tribe” means any tribe, band, nation, or other organized group or community of Indians, including any Alaska Native village (as defined in, or established pursuant to, the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.]), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (4) The term “public or nonprofit private entities that provide health or social services to disadvantaged populations” includes community-based organizations, local public health departments, community action agencies, hospitals, community health centers, child welfare agencies, developmental disabilities service providers, and family resource and support programs. (5) The term “substance abuse” means the abuse of alcohol or other drugs. (o) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated $50,000,000 for fiscal year 2001, and such sums as may be necessary for each of fiscal years 2002 and 2003.
References In Text
The Social Security Act, referred to in subsec. (a)(3)(A), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles XIX and XXI of the Act are classified generally to subchapters XIX (§ 1396 et seq.) and XXI (§ 1397aa et seq.), respectively, of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables.
Subparagraph (A)(ii), referred to in subsec. (a)(3)(B)(i), meaning subsec. (a)(3)(A)(ii) of this section was redesignated as subsec. (a)(3)(A)(i)(II) and a new subsec. (a)(3)(A)(ii) was added by Pub. L. 106–310, div. B, title XXXI, § 3106(a)(3)(B)(i), (C),
The Head Start Act, referred to in subsec. (b)(7)(B), is subchapter B (§§ 635–657) of chapter 8 of subtitle A of title VI of Pub. L. 97–35,
The Individuals with Disabilities Education Act, referred to in subsecs. (b)(8) and (h)(2), is title VI of Pub. L. 91–230,
The Alaska Native Claims Settlement Act, referred to in subsec. (n)(3), is Pub. L. 92–203,
Codification
Section was formerly classified to section 280d of this title.
Amendments
2004—Subsecs. (b)(8), (f). Pub. L. 108–446, § 305(i)(1), (3), which directed amendment of subsecs. (b)(8) and (f) of section 399A of the Public Health Service Act by substituting “part C” for “part H”, was executed to subsec. (b)(8) of this section, which is section 519 of the Public Health Service Act, to reflect the probable intent of Congress and the renumbering of this section and repeal of former subsec. (f). See 2000 Amendments notes below.
2000—Pub. L. 106–310, § 3106(a)–(m), which directed numerous amendments to section 399D of the Public Health Service Act and the subsequent renumbering of that section as section 519 of title V of the Act, was executed by amending this section and renumbering this section as section 519 of title V, to reflect the probable intent of Congress, notwithstanding the intervening renumbering of this section as section 399A of the Act by section 502(1) of Pub. L. 106–310. See source credit above and notes below.
Subsec. (a)(1). Pub. L. 106–310, § 3106(a)(1)(A), substituted “Administrator of the Substance Abuse and Mental Health Services Administration” for “Administrator of the Health Resources and Services Administration” in introductory provisions.
Subsec. (a)(1)(B). Pub. L. 106–310, § 3106(a)(2)(A), struck out “and” at end.
Subsec. (a)(1)(C). Pub. L. 106–310, § 3106(a)(2)(B), substituted “through youth service agencies, family social services, child care providers, Head Start, schools and after-school programs, early childhood development programs, community-based family resource and support centers, the criminal justice system, health, substance abuse and mental health providers through screenings conducted during regular childhood examinations and other examinations, self and family member referrals, substance abuse treatment services, and other providers of services to children and families; and” for period at end.
Subsec. (a)(1)(D). Pub. L. 106–310, § 3106(a)(2)(C), added subpar. (D).
Subsec. (a)(2). Pub. L. 106–310, § 3106(a)(1)(B), substituted “Administrator of the Health Resources and Services Administration” for “Administrator of the Substance Abuse and Mental Health Services Administration”.
Subsec. (a)(3)(A). Pub. L. 106–310, § 3106(a)(3), redesignated cls. (i) and (ii) as subcls. (I) and (II), respectively, of cl. (i) and added cl. (ii).
Subsec. (b). Pub. L. 106–310, § 3106(b)(3), inserted concluding provisions.
Subsec. (b)(1). Pub. L. 106–310, § 3106(b)(1), inserted “alcohol and drug,” after “psychological,”.
Subsec. (b)(5). Pub. L. 106–310, § 3106(b)(2), added par. (5) and struck out former par. (5) relating to preventive counseling services.
Subsec. (c)(1). Pub. L. 106–310, § 3106(c)(1)(A), inserted “, or by an entity, where the professional or entity provides assurances that the professional or entity is licensed or certified by the State if required and is complying with applicable licensure or certification requirements” before colon in introductory provisions.
Subsec. (c)(1)(D), (E). Pub. L. 106–310, § 3106(c)(1)(B), added subpars. (D) and (E).
Subsec. (c)(2)(A). Pub. L. 106–310, § 3106(c)(2)(A), added subpar. (A) and struck out former subpar. (A) relating to encouragement to participate in and referrals to appropriate substance abuse treatment.
Subsec. (c)(2)(C). Pub. L. 106–310, § 3106(c)(2)(B), which directed substitution of “and counseling on the human immunodeficiency virus and acquired immune deficiency syndrome” for “, including educational and career planning”, was executed by making the substitution for “, including education and career planning” to reflect the probable intent of Congress.
Subsec. (c)(2)(D). Pub. L. 106–310, § 3106(c)(2)(C), struck out “conflict and” before “violence”.
Subsec. (c)(2)(E). Pub. L. 106–310, § 3106(c)(2)(D), substituted “Career planning and education services” for “Remedial education services”.
Subsec. (c)(3)(D). Pub. L. 106–310, § 3106(c)(3), inserted “which include child abuse and neglect prevention techniques” before period at end.
Subsec. (d). Pub. L. 106–310, § 3106(l)(3), (4), added subsec. (d) and redesignated former subsec. (d) as (e).
Pub. L. 106–310, § 3106(d)(1), substituted “Eligible entities” for “Considerations in making grants” in heading and “The Secretary shall distribute the grants through the following types of entities:” for “In making grants under subsection (a) of this section, the Secretary shall ensure that the grants are reasonably distributed among the following types of entities:” in introductory provisions.
Subsec. (d)(1). Pub. L. 106–310, § 3106(d)(2), substituted “drug early intervention, prevention or treatment programs” for “drug treatment programs”.
Subsec. (d)(2)(A). Pub. L. 106–310, § 3106(d)(3)(A), substituted “; or” for “; and”.
Subsec. (d)(2)(B). Pub. L. 106–310, § 3106(d)(3)(B), inserted “or pediatric health or mental health providers and family mental health providers” before period at end.
Subsec. (e). Pub. L. 106–310, § 3106(l)(3), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 106–310, § 3106(l)(1), (3), redesignated subsec. (e) as (f) and struck out former subsec. (f) relating to coordination with other providers.
Subsec. (h)(2). Pub. L. 106–310, § 3106(e)(1), inserted “including maternal and child health” before “mental health”, struck out “treatment programs” after “substance abuse”, and substituted “, the State agency responsible for administering alcohol and drug programs, the State lead agency, and the State Interagency Coordinating Council under part H of the Individuals with Disabilities Education Act; and” for “and the State agency responsible for administering public maternal and child health services”.
Subsec. (h)(3), (4). Pub. L. 106–310, § 3106(e)(2), redesignated par. (4) as (3) and struck out former par. (3) relating to requirement to submit to Secretary information demonstrating that the applicant has established a collaborative relationship with child welfare agencies and child protective services.
Subsec. (i)(6)(B). Pub. L. 106–310, § 3106(f)(1), inserted “and” at end.
Subsec. (i)(6)(C). Pub. L. 106–310, § 3106(f)(2), added subpar. (C) and struck out former subpar. (C) relating to the number of children served who were placed in out-of-home care during the period in which entities provided services under section.
Subsec. (i)(6)(D), (E). Pub. L. 106–310, § 3106(f)(2), struck out subpars. (D) and (E) relating to the number of children described in subparagraph (C) who were reunited with their families and the number of children described in subparagraph (C) for whom a permanent plan has not been made or for whom the permanent plan is other than family reunification, respectively.
Subsec. (k). Pub. L. 106–310, § 3106(l)(2), (3), redesignated subsec. (l) as (k) and struck out former subsec. (k) relating to peer review.
Subsec. (k)(2). Pub. L. 106–310, § 3106(l)(5), which directed amendment of subsec. (k)(2) of this section by substituting “(i)” for “(h)”, could not be executed because “(h)” does not appear in subsec. (k)(2).
Subsec. (l). Pub. L. 106–310, § 3106(l)(3), redesignated subsec. (m) as (l). Former subsec. (l) redesignated (k).
Subsec. (l)(3). Pub. L. 106–310, § 3106(l)(6), which directed substitution of “(e)” for “(d)” in subsec. (m)(3)(E), was executed by making the substitution in concluding provisions of subsec. (l)(3) to reflect the probable intent of Congress and the amendment by Pub. L. 106–310, § 3106(l)(3). See above.
Pub. L. 106–310, § 3106(g)(1), inserted “and” at end.
Subsec. (l)(4). Pub. L. 106–310, § 3106(g)(2), substituted “, including increased participation in work or employment-related activities and decreased participation in welfare programs.” for semicolon at end.
Subsec. (l)(5), (6). Pub. L. 106–310, § 3106(g)(3), struck out pars. (5) and (6) relating to reducing the incidence of out-of-home placement for children whose parents receive services under the program and facilitating the reunification of families after children have been placed in out-of-home care, respectively.
Subsec. (m). Pub. L. 106–310, § 3106(l)(3), redesignated subsec. (n) as (m). Former subsec. (m) redesignated (l).
Subsec. (m)(2). Pub. L. 106–310, § 3106(h)(1), inserted “and” at end.
Subsec. (m)(3)(A). Pub. L. 106–310, § 3106(h)(2)(A), inserted “and” at end.
Subsec. (m)(3)(B). Pub. L. 106–310, § 3106(h)(2)(B), substituted period for semicolon at end.
Subsec. (m)(3)(C) to (E). Pub. L. 106–310, § 3106(h)(2)(C), struck out subpars. (C) to (E) relating to the number of children served who were placed in out-of-home care during the period in which entities provided services under this section, the number of children described in subparagraph (C) who were reunited with their families, and the number of children described in subparagraph (C) who were permanently placed in out-of-home care, respectively.
Subsec. (m)(4). Pub. L. 106–310, § 3106(h)(3), struck out par. (4) relating to an analysis of the access provided to, and use of, related services and alcohol and drug treatment through programs carried out under this section.
Subsec. (m)(5). Pub. L. 106–310, § 3106(l)(6), which directed amendment of subsec. (m)(5) by substituting “(e)” for “(d)”, could not be executed because subsec. (m) did not contain a par. (5) or a reference to “(d)” subsequent to the amendments by Pub. L. 106–310, § 3106(h)(3), (l)(3). See notes above and below.
Pub. L. 106–310, § 3106(h)(3), struck out par. (5) relating to a comparison of the costs of providing services through each of the types of entities described in subsection (d) of this section.
Subsec. (n). Pub. L. 106–310, § 3106(l)(3), redesignated subsec. (o) as (n). Former subsec. (n) redesignated (m).
Pub. L. 106–310, § 3106(i), inserted at end “The periodic report shall include a quantitative estimate of the prevalence of alcohol and drug problems in families involved in the child welfare system, the barriers to treatment and prevention services facing these families, and policy recommendations for removing the identified barriers, including training for child welfare workers.”
Subsec. (o). Pub. L. 106–310, § 3106(l)(3), redesignated subsec. (p) as (o). Former subsec. (o) redesignated (n).
Subsec. (o)(2)(B). Pub. L. 106–310, § 3106(j), struck out “dangerous” before “drugs”.
Subsec. (p). Pub. L. 106–310, § 3106(l)(3), redesignated subsec. (p) as (o).
Pub. L. 106–310, § 3106(k), amended heading and text of subsec. (p) generally, substituting provisions relating to authorization of appropriations for provisions relating to funding for carrying out section.
Change Of Name
Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress,
Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress,
Effective Date
Section effective
Miscellaneous
Pub. L. 102–321, title IV, § 401(b),
Reference to community health center, migrant health center, public housing health center, or homeless health center considered reference to health center, see section 4(c) of Pub. L. 104–299, set out as a note under section 254b of this title.