42 U.S.C. § 5117aa–11 (THE PUBLIC HEALTH AND WELFARE)
§ 5117aa–11. Establishment of local projects
(a) In general
The Secretary of Health and Human Services may make grants to public and nonprofit private entities for the purpose of developing, implementing, and operating projects to demonstrate methods—
(1) to prevent the abandonment of infants and young children, including the provision of services to members of the natural family for any condition that increases the probability of abandonment of an infant or young child;
(2) to identify and address the needs of abandoned infants and young children;
(3) to assist abandoned infants and young children to reside with their natural families or in foster care, as appropriate;
(4) to recruit, train, and retain foster families for abandoned infants and young children;
(5) to carry out residential care programs for abandoned infants and young children who are unable to reside with their families or to be placed in foster care;
(6) to carry out programs of respite care for families and foster families of infants and young children described in subsection (b);
(7) to recruit and train health and social services personnel to work with families, foster care families, and residential care programs for abandoned infants and young children; and
(8) to prevent the abandonment of infants and young children, and to care for the infants and young children who have been abandoned, through model programs providing health, educational, and social services at a single site in a geographic area in which a significant number of infants and young children described in subsection (b) reside (with special consideration given to applications from entities that will provide the services of the project through community-based organizations).
(b) Priority in provision of services
The Secretary may not make a grant under subsection (a) unless the applicant for the grant agrees to give priority to abandoned infants and young children who—
(1) are infected with, or have been perinatally exposed to, the human immunodeficiency virus, or have a life-threatening illness or other special medical need; or
(2) have been perinatally exposed to a dangerous drug.
(c) Case plan with respect to foster care
The Secretary may not make a grant under subsection (a) unless the applicant for the grant agrees that, if the applicant expends the grant to carry out any program of providing care to infants and young children in foster homes or in other nonmedical residential settings away from their parents, the applicant will ensure that—
(1) a case plan of the type described in paragraph (1) of section 675 of this title is developed for each such infant and young child (to the extent that such infant and young child is not otherwise covered by such a plan); and
(2) the program includes a case review system of the type described in paragraph (5) of such section (covering each such infant and young child who is not otherwise subject to such a system).
(d) Administration of grant
(1) The Secretary may not make a grant under subsection (a) unless the applicant for the grant agrees—
(A) to use the funds provided under this section only for the purposes specified in the application submitted to, and approved by, the Secretary pursuant to subsection (e);
(B) to establish such fiscal control and fund accounting procedures as may be necessary to ensure proper disbursement and accounting of Federal funds paid to the applicant under this section;
(C) to report to the Secretary annually on the utilization, cost, and outcome of activities conducted, and services furnished, under this section; and
(D) that if, during the majority of the 180-day period preceding October 18, 1988, the applicant has carried out any program with respect to the care of abandoned infants and young children, the applicant will expend the grant only for the purpose of significantly expanding, in accordance with subsection (a), activities under such program above the level provided under such program during the majority of such period.
(2) Subject to the availability of amounts made available in appropriations Acts for the fiscal year involved, the duration of a grant under subsection (a) shall be for a period of 3 years, except that the Secretary—
(A) may terminate the grant if the Secretary determines that the entity involved has substantially failed to comply with the agreements required as a condition of the provision of the grant; and
(B) shall continue the grant for one additional year if the Secretary determines that the entity has satisfactorily complied with such agreements.
(e) Requirement of application
The Secretary may not make a grant under subsection (a) unless—
(1) an application for the grant is submitted to the Secretary;
(2) with respect to carrying out the purpose for which the grant is to be made, the application provides assurances of compliance satisfactory to the Secretary; and
(3) the application otherwise is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section.
(f) Technical assistance to grantees
The Secretary may, without charge to any grantee under subsection (a), provide technical assistance (including training) with respect to the planning, development, and operation of projects described in such subsection. The Secretary may provide such technical assistance directly, through contracts, or through grants.
(g) Technical assistance with respect to process of applying for grant
The Secretary may provide technical assistance (including training) to public and nonprofit private entities with respect to the process of applying to the Secretary for a grant under subsection (a). The Secretary may provide such technical assistance directly, through contracts, or through grants.
(h) Priority requirement
In making grants under subsection (a), the Secretary shall give priority to applicants located in States that have developed and implemented procedures for expedited termination of parental rights and placement for adoption of infants determined to be abandoned under State law.
(Pub. L. 100–505, title I, § 101, Oct. 18, 1988, 102 Stat. 2534; Pub. L. 102–236, § 3, Dec. 12, 1991, 105 Stat. 1812; Pub. L. 104–235, title II, § 221, Oct. 3, 1996, 110 Stat. 3091; Pub. L. 108–36, title III, § 302, June 25, 2003, 117 Stat. 823.)
heading: Amendments
text: 2003—Pub. L. 108–36, § 302(1), substituted “Establishment of local projects” for “Establishment of program of demonstration projects” in section catchline.
Subsec. (b). Pub. L. 108–36, § 302(2), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: “The Secretary may not make a grant under subsection (a) unless the applicant for the grant agrees that, in carrying out the purpose described in subsection (a) (other than with respect to paragraph (6) of such subsection), the applicant will give priority to abandoned infants and young children—
“(1) who are infected with the human immunodeficiency virus or who have been perinatally exposed to the virus; or
“(2) who have been perinatally exposed to a dangerous drug.”
1996—Subsec. (h). Pub. L. 104–235 added subsec. (h).
1991—Subsec. (a)(1). Pub. L. 102–236, § 3(c)(1), inserted before semicolon at end “, including the provision of services to members of the natural family for any condition that increases the probability of abandonment of an infant or young child”.
Subsec. (a)(2). Pub. L. 102–236, § 3(a)(2)(A)(ii), struck out “, particularly those with acquired immune deficiency syndrome” after “young children”.
Subsec. (a)(3). Pub. L. 102–236, § 3(a)(2)(A)(iii), struck out “, particularly those with acquired immune deficiency syndrome,” after “young children”.
Subsec. (a)(4). Pub. L. 102–236, § 3(a)(2)(A)(ii), struck out “, particularly those with acquired immune deficiency syndrome” after “young children”.
Subsec. (a)(5). Pub. L. 102–236, § 3(a)(2)(A)(ii), (c)(2), substituted “who are unable to reside with their families or to be placed in foster care” for “, particularly those with acquired immune deficiency syndrome”.
Subsec. (a)(6). Pub. L. 102–236, § 3(a)(2)(A)(i), substituted “described in subsection (b)” for “with acquired immune deficiency syndrome”.
Subsec. (a)(7). Pub. L. 102–236, § 3(a)(2)(A)(ii), struck out “, particularly those with acquired immune deficiency syndrome” after “young children”.
Subsec. (a)(8). Pub. L. 102–236, § 3(b), added par. (8).
Subsecs. (b), (c). Pub. L. 102–236, § 3(a)(1), added subsec. (b) and redesignated former subsec. (b) as (c). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 102–236, § 3(d), designated existing provisions as par. (1), redesignated former pars. (1) to (4) as subpars. (A) to (D), respectively, realigned margins, and added par. (2).
Pub. L. 102–236, § (3)(a)(1)(A), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).
Subsec. (d)(1). Pub. L. 102–236, § 3(a)(2)(B), substituted “subsection (e)” for “subsection (d)”.
Subsecs. (e) to (g). Pub. L. 102–236, § 3(a)(1)(A), redesignated subsecs. (d) to (f) as (e) to (g), respectively.