§ 290bb-25. Grants for services for children of substance abusers
(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—
(B)
(i)
In the case of an organization making an agreement under subparagraph (A)(ii) [1] regarding the provision of services under paragraph (1), the requirement established in such subparagraph regarding a participation agreement shall be waived by the Secretary if the organization does not, in providing health or mental health services, impose a charge or accept reimbursement available from any third-party payor, including reimbursement under any insurance policy or under any Federal or State health benefits program.
(b)
Services for children of substance abusers
The Secretary may make a grant under subsection (a) of this section only if the applicant involved agrees to make available (directly or through agreements with other entities) to children of substance abusers each of the following services:
(1)
Periodic evaluation of children for developmental, psychological, alcohol and drug, and medical problems.
(5)
Developmentally and age-appropriate drug and alcohol early intervention, treatment and prevention services.
(8)
Additional developmental services that are consistent with the provision of early intervention services, as such term is defined in part C of the Individuals with Disabilities Education Act [20 U.S.C. 1431 et seq.].
Services shall be provided under paragraphs (2) through (8) by a public health nurse, social worker, or similar professional, or by a trained worker from the community who is supervised by a professional, 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.
(c)
Services for affected families
The Secretary may make a grant under subsection (a) of this section only if, in the case of families in which a member is a substance abuser, the applicant involved agrees to make available (directly or through agreements with other entities) each of the following services, as applicable to the family member involved:
(1)
Services as follows, to be provided by a public health nurse, social worker, or similar professional, or by a trained worker from the community who is supervised by a professional, 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:
(A)
Counseling to substance abusers on the benefits and availability of substance abuse treatment services and services for children of substance abusers.
(B)
Assistance to substance abusers in obtaining and using substance abuse treatment services and in obtaining the services described in subsection (b) of this section for their children.
(2)
In the case of substance abusers:
(A)
Alcohol and drug treatment services, including screening and assessment, diagnosis, detoxification, individual, group and family counseling, relapse prevention, pharmacotherapy treatment, after-care services, and case management.
(B)
Primary health care and mental health services, including prenatal and post partum care for pregnant women.
(3)
In the case of substance abusers, spouses of substance abusers, extended family members of substance abusers, caretakers of children of substance abusers, and other people significantly involved in the lives of substance abusers or the children of substance abusers:
(A)
An assessment of the strengths and service needs of the family and the assignment of a case manager who will coordinate services for the family.
(B)
Therapeutic intervention services, such as parental counseling, joint counseling sessions for families and children, and family therapy.
(C)
Child care or other care for the child to enable the parent to attend treatment or other activities and respite care services.
(d)
Training for providers of services to children and families
The Secretary may make a grant under subsection (a) of this section for the training of 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 providers, Head Start, schools and after-school programs, early childhood development programs, community-based family resource centers, the criminal justice system, and other providers of services to children and families. Such training shall be to assist professionals in recognizing the drug and alcohol problems of their clients and to enhance their skills in identifying and understanding the nature of substance abuse, and obtaining substance abuse early intervention, prevention and treatment resources.
(e)
Eligible entities
The Secretary shall distribute the grants through the following types of entities:
(1)
Alcohol and drug early intervention, prevention or treatment programs, especially those providing treatment to pregnant women and mothers and their children.
(2)
Public or nonprofit private entities that provide health or social services to disadvantaged populations, and that have—
(f)
Federal share
The Federal share of a program carried out under subsection (a) of this section shall be 90 percent. The Secretary shall accept the value of in-kind contributions, including facilities and personnel, made by the grant recipient as a part or all of the non-Federal share of grants.
(g)
Restrictions on use of grant
The Secretary may make a grant under subsection (a) of this section only if the applicant involved agrees that the grant will not be expended—
(3)
to purchase or improve land, purchase, construct, or permanently improve (other than minor remodeling) any building or other facility, or purchase major medical equipment;
(h)
Submission to Secretary of certain information
The Secretary may make a grant under subsection (a) of this section only if the applicant involved submits to the Secretary—
(1)
a description of the population that is to receive services under this section and a description of such services that are to be provided and measurable goals and objectives;
(2)
a description of the mechanism that will be used to involve the local public agencies responsible for health, including maternal and child health [2] mental health, child welfare, education, juvenile justice, developmental disabilities, and substance abuse in planning and providing services under this section, as well as evidence that the proposal has been coordinated with the State agencies responsible for administering those programs, the State agency responsible for administering alcohol and drug programs, the State lead agency, and the State Interagency Coordinating Council under part H [3] of the Individuals with Disabilities Education Act; and; [4]
(i)
Reports to Secretary
The Secretary may make a grant under subsection (a) of this section only if the applicant involved agrees that for each fiscal year for which the applicant receives such a grant the applicant, in accordance with uniform standards developed by the Secretary, will submit to the Secretary a report containing—
(3)
information concerning the extent of use of services provided under the grant, including the number of referrals to related services and information on other programs or services accessed by children, parents, and other caretakers;
(4)
information concerning the extent to which parents were able to access and receive treatment for alcohol and drug abuse and sustain participation in treatment over time until the provider and the individual receiving treatment agree to end such treatment, and the extent to which parents re-enter treatment after the successful or unsuccessful termination of treatment;
(5)
information concerning the costs of the services provided and the source of financing for health care services;
(6)
information concerning—
(A)
the number and characteristics of families, parents, and children served, including a description of the type and severity of childhood disabilities, and an analysis of the number of children served by age;
(j)
Requirement of application
The Secretary may make any grant under subsection (a) of this section only if—
(k)
Evaluations
The Secretary shall periodically conduct evaluations to determine the effectiveness of programs supported under subsection (a) of this section—
(1)
in reducing the incidence of alcohol and drug abuse among substance abusers participating in the programs;
(l)
Report to Congress
Not later than 2 years after the date on which amounts are first appropriated under subjection [5] (o) of this section, the Secretary shall prepare and submit to the Committee on Energy and Commerce of the House of Representatives, and to the Committee on Labor and Human Resources of the Senate, a report that contains a description of programs carried out under this section. At a minimum, the report shall contain—
(3)
information concerning—
(B)
the number of children served who remained with their parents during or after the period in which entities provided services under this section.
analyzed by the type of entity described in subsection (e) of this section that provided services; [6]
(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—
(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.
(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.
[1] See References in Text note below.
[2] So in original. Probably should be followed by a comma.
[3] See References in Text note below.
[4] So in original. The semicolon probably should not appear after “and”.
[5] So in original. Probably should be “subsection”.
[6] So in original. The semicolon probably should be a period.