93.630: Developmental Disabilities Basic Support and Advocacy Grants


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Objectives: To enable individuals with developmental disabilities to become independent, productive, integrated and included into their communities. Funding under these programs is to assist States in the development of a plan for a comprehensive and coordinated system of services and other activities to enhance the lives of individuals with developmental disabilities and their families to their maximum potential, and to support a system which protects the legal and human rights of individuals with developmental disabilities.


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93.630 ELIGIBILITY REQUIREMENTS:

Applicant Eligibility: State grant agencies are the designated State agencies of the respective States, DC, Puerto Rico, Virgin Islands, Guam, Northern Mariana Islands, American Samoa, and Palau until the compact of Free Association with Palau takes effect. Under the basic developmental disabilities program, the designated State agency must not provide or pay for services to individuals with developmental disabilities, unless it has held such designation continuously since June 30, 1988. The State can only receive funding under the basic developmental disabilities program if it is also participating in the protection and advocacy program. The agency designated to implement the State system under the protection and advocacy program cannot provide or pay for services to individuals with developmental disabilities, and that agency must have authority to obtain access to records of individuals with developmental disabilities, and laws that prohibit such access must have been inapplicable by October 31, 1991.

Beneficiary Eligibility: To be eligible for a grant, an agency must be designated to administer the program on behalf of the State. The Basic Program benefits individuals with developmental disabilities through systems change. The Protection and Advocacy system benefits individuals with developmental disabilities. Developmental disability is defined here as a severe chronic disability of an individual 5 years old or older, that is attributable to mental, physical, or a combination of impairments, is manifested before age 22, that is likely to continue indefinitely, that results in substantial functional limitations in three or more of the following major life activities (self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, and economic self-sufficiency), and that reflects an individual's lifelong need for services. Infants and children under age 5 are included if they have a developmental delay or condition with a high probability of resulting in developmental disabilities if services are not provided.

Credentials/Documentation: Costs will be determined in accordance with 45 CFR, Parts 74 and 92.

93.630 APPLICATION & AWARD PROCESS:

Preapplication Coordination: This program is subject only to the State Plan Consolidation Section of E. O. 12372. State plans are covered under this Section, but Intergovernmental Consultation Review is excluded. Standard application forms as furnished by DHHS must be used.

Application Procedure: Basic Support: Requests for allotments are submitted in the form of a State plan, which must be submitted not less than every 3 years, and must address all of the requirements of the statute. Protection and Advocacy: Application is made by the State's submission of a description of the Protection and Advocacy system in the State and appropriate assurances as required by law, and by annual submission by the system of an objectives and priorities statement.

Award Procedure: Basic Support: Upon approval of the State plan, the State receives its annual allotment. Protection and Advocacy: Upon receipt of the description of the system, the assurances and the objectives and priorities statement, the State receives its allotment.

Deadlines: Not applicable.

Range of Approval/Disapproval Time: Not applicable.

Appeals: Appeals are processed in accordance with HHS regulations in 45 CFR, Part 16.

Renewals: Automatic, under approved application.

Criteria for Selecting Proposals: Not applicable.

Examples of Funded Projects: Not applicable.

Range & Average of Financial Assistance: Basic Support: $350,000.

93.630 RELATED PROGRAMS:

93.630 PROGRAM ACCOMPLISHMENTS: In fiscal year 1995, 103 grants were awarded. It is anticipated that the same number of grants will be granted in fiscal years 1996 and 1997. No new grants will be issued in fiscal years 1996 and 1997.

93.630 FINANCIAL & ADMINISTRATIVE INFO:

Federal Agency: ADMINISTRATION FOR CHILDREN AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES

Type of Assistance: Formula Grants.

Obligations: (Grants) FY 95 $97,156,000; FY 96 est $91,521,000; and FY 97 est $97,156,000.

Budget Account Number: 75-1536-0-1-506.

Authorization: Mental Retardation Facilities and Construction Act of 1963, Title I, Public Law 88-164, as amended; Public Laws 91-517, 94-103, 95-602; Omnibus Budget Reconciliation Act of 1981, as amended, Public Law 97-35; Developmental Disabilities Assistance and Bill of Rights Act, Title I, Section 100, Public Law 98-527, as amended; Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1987, Public Law 100-146; Developmental Disabilities Assistance and Bill of Rights Act of 1990, Public Law 101-496; Developmental Disabilities Assistance and Bill of Rights Act of 1994, Public Law 103- 230, 42 U.S.C. 6022-6030 and 42 U.S.C. 6042-6043.

Regulations, Guidelines, & Literature: 45 CFR 74 and 92, Grant Administrative Requirements; and Program Regulations in Chapter XIII of Title 45 of the Code of Regulations, Parts 1385 and 1386.

93.630 INFO CONTACTS:

Regional or Local Office: Regional Administrator, Department of Health and Human Services, Regional Offices. (See Appendix IV of the Catalog for list of addresses.)

Headquarters Office: Director, Program Operations Division, Administration on Developmental Disabilities, Administration for Children and Families, Department of Health and Human Services, Washington, DC 20201. Phone: (202) 690-5962. Contact: Ray Sanchez. FTS is not available.

93.630 ASSISTANCE CONSIDERATIONS:

Formula & Matching Requirements: Allocation Criteria and/or Mathematical Calculations: Two-thirds (2/3) of the amount appropriated is allotted to each State according to the ratio the population of each State bears to the population of the United States, weighted by the relative per capita income for each State. One-third (1/3) of the amount appropriated is allotted to each State according to the ratio of beneficiaries in the State receiving benefits under Childhood Disabilities Beneficiary Program, related to the age 18 to 65 population of the State as bearing on the national total of such population, weighted by the total population of the State. The data used to compute allotments are supplied annually by the Social Security Administration and the U.S. Department of Commerce, for the three most recent consecutive years for which satisfactory data are available. The Federal share of projects supported under the State Plan may not exceed 75 percent, except for projects whose activities or products target individuals with developmental disabilities who live in urban or rural poverty areas, which may not exceed 90% of the aggregate necessary costs of such project of activities, and in the case of projects or activities undertaken by the Council or Council staff to implement State plan priority, activities may be up to 100% of the aggregate necessary cost of such activities. No match is required for Protection and Advocacy allotments.

Length & Time Phasing of Assistance: Funds provided under allotments must be obligated by states by the end of the fiscal year following the fiscal year for which appropriations were received. Such obligation must be liquidated by the end of the following fiscal year. Payments are made through Electronic Transfer System or, when such is not practicable, on basis of payment requests from the State to meet current needs.

Uses & Use Restrictions: (1) Allotments under the basic developmental disabilities formula grant program may be used by States for priority area and other activities, including administrative costs, to build capacity, to refocus existing services, and to advocate to better meet the needs of individuals with developmental disabilities. The designated State agency in each State receives, accounts for and disburses funds, and provides for required assurances and other administrative support services on behalf of the State Developmental Disabilities Council, which carries out the priority area activity and other activities under an approved triennial State Plan. This plan and corresponding budget is developed and administered by the State Developmental Disabilities Council. Federal funds may be expended for up to half the cost of the functions of the designated State agency under this program, but may not exceed 5% of a State's allotment or $50,000, whichever is less. (2) Allotments under the protection and advocacy program may be used to assist States in supporting a system which will have authority to pursue legal and other remedies to protect the rights of individuals with developmental disabilities within the State.

93.630 POST ASSISTANCE REQUIREMENTS:

Reports: Quarterly financial status reports and annual program performance reports for Protection and Advocacy and Basic Support grant programs are required.

Audits: Audits are conducted in accordance with the requirements in 45 CFR, Parts 74 and 92.

Records: Records must be retained for at least 3 years; records shall be retained beyond the 3-year period if all findings have not been resolved.


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