FEDERAL AGENCY:

ADMINISTRATION FOR CHILDREN AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES

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; Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1996, Public Law 104-183; Developmental Disabilities Assistance and Bill of Rights Act of 2000, Public Law 106-402, 42 U.S.C. 6022-6029 and 42 U.S.C. 6042-6045.

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.

Formula Grants. Place Cursor Here for Definition

Applicant Eligibility: State grant agencies are the designated State agencies of the respective States, the District of Columbia, Puerto Rico, Virgin Islands, Guam, Northern Mariana Islands, American Samoa. 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 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 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 from birth to age 9, inclusive, 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 74 and 92.

Pre-application 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 5 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 statement on the goals and priorities.

Award Procedure: Basic Support: Requests for allotments are submitted in the form of a State plan, which must be submitted not less than every 5 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 statement on the goals and priorities.

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.

Formula and 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 percent 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 percent of the aggregate necessary cost of such activities. No match is required for Protection and Advocacy allotments.

Length and 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.

Reports: Semi-annual 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 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.

Account Identification: 75-1536-0-1-506.

Obligations: (Grants and Contracts) FY 01 $100,800,000; FY 02 est $104,800,000; and FY 03 est $104,800,000.

Range and Average of Financial Assistance: Basic Support:
Basic Support: $1,303,125; Protection and Advocacy: $665,638.

In fiscal years 2001, 112 grants were awarded. It is anticipated that the same number of grants will be awarded in fiscal year 2002 and fiscal year 2003.

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.

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

Headquarters Office: Ophelia McLain Administration on Developmental Disabilities, Administration for Community Living, Department of Health and Human Services, 330 C Street, SW, Suite 1111, Washington, District of Columbia 20201 Email: Ophelia.mclain@acl.hhs.gov Phone: (202) 795-7401

Web Site Address:  
http://acl.gov/Programs/AIDD/Index.aspx

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