Protection and Advocacy for Individuals with Mental Illness (93.138)
Program
93.138 Protection and Advocacy for Individuals with Mental Illness
Federal Agency
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN SERVICES
Authorization
Protection and Advocacy for Individuals with Mental Illness Act of 1986, 42 U.S.C. 10801, et seq., as amended; Public Health Services Act, Title V, 42 U.S.C. 290aa, et seq ; Developmental Disabilities Assistance and Bill of Rights Act, as amended, October 30, 2000, Public Law 106-420, 42 U.S.C. 6041 et seq.
Program Number
93.138
Last Known Status
Active
Objectives
To enable the expansion of the Protection and Advocacy system established in each State to: (1) Protect and advocate the rights of individuals with mental illness, (2) investigate incidents of abuse and neglect of individuals with mental illness if the incidents are reported to the system or if there is probable cause to believe that the incidents occurred, (3)investigate incidents of serious injury and deaths in public and private care and treatment facilities and non-medical community-based facilities for children and youth, and (4)to receive reports of all serious injuries and deaths related to incidents of seclusion and restraint in public and private care and treatment facilities in the States and Territories.
Types of Assistance
Formula Grants.
Uses and Use Restrictions
Funds may be used to assist in meeting the costs of planning, developing, expanding, and implementing activities to support attainment of the protection and advocacy goals. Grant funds must supplement, not supplant, nonfederal funds available in the State in which the protection and advocacy system is established. Not more than 10 percent of an allotment can be used for providing technical assistance and training for staff, and a system which is a public entity cannot be required by the State to obligate more than 5 percent of the allotment for administrative expenses.
Eligibility Requirements
Applicant Eligibility
State and local government agencies, public or private organizations designated by the Governor under Part C of the Developmental Disabilities Assistance and Bill of Rights Acts as systems to protect and advocate the rights of persons with developmental disabilities in that State.
Beneficiary Eligibility
Individuals with significant mental illness or severe emotional impairment (children) who are at risk for abuse, neglect, or civil rights violations while residing in care or treatment facilities have service priority. Persons with significant mental illness and severe emotional impairment living in the community, including their own home, may be served as determined by their state protection and advocacy systems PAIMI program funded priorities and objectives and available resources. includes persons who are in the process of being admitted to a facility rendering care or treatment, persons being transported to such a facility, or persons who are involuntarily confined in a municipal detention facility, jails, or prisons.
Credentials/Documentation
Costs will be determined in accordance with OMB Circular No. A-87 for State and local governments. For other grantees, costs will be determined in accordance with HHS Regulations 45 CFR, Part 74, Subpart Q.
Application and Award Process
Preapplication Coordination
Not applicable. This program is excluded from coverage under E.O. 12372.
Application Procedure
Written requests for allotments, accompanied by appropriately executed assurances, must be submitted every 4 years, at time of re-authorization, to the Grants Management Officer, Center for Mental Health Services, Room 13-103, Parklawn Building, 5600 Fishers Lane, Rockville, MD 20857. This program is subject to the provisions of OMB Circular No. A-133, although most of the provisions of 45 CFR 92 apply to this program, modified application forms specified by 45 CFR 92 are required.
Award Procedure
Grants are directly awarded by the Center for Mental Health Services to the system established in the State to protect and advocate the rights of persons with developmental disabilities, as outlined in the "Developmental Disabilities Assistance and Bill of Rights Act of 2000", as amended October 30, 2000 by Public Law 106-420 (45 USC 6041 et seq.)
Deadlines
Contact Headquarters Office for application deadlines.
Range of Approval/Disapproval Time
Appeals
Not applicable.
Renewals
Not applicable.
Assistance Considerations
Formula and Matching Requirements
Formula provisions are stated in the authorizing Act, Public Law 106-420, at Section 112. Allotments are based equally on each State's population and each State's population weighted by relative per capital income except that no State's allotment (including the District of Columbia and the Commonwealth of Puerto Rico) will be less than $260,000 and no U.S. Territory's allotment will be less than $139,300.
Length and Time Phasing of Assistance
Each allotment is available for obligation over a 24-month period; payments are made through an Electronic Transfer System.
Post Assistance Requirements
Reports
By January 1, an annual report must be submitted in accordance with the requirements stated in the authorizing Act (Public Law 106-420) at Section 105(a) (7) and Section 114. Financial status reports are required annually within 90 days after grant period until all funds are liquidated.
Audits
In accordance with the provisions of OMB Circular No. A- 133 (Revised, June 24, 1997), "Audits of States, Local Governments, and Non-Profit Organizations," nonfederal entities that expend financial assistance of $300,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $300,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular No. A-133. In addition, 45 CFR 74.26 requires that for-profit recipients and subrecipients have an audit performed in accordance with Government Auditing Standards or Circular No. A-133.
Records
Records must be retained for at least 3 years after the date of submission of required financial status reports.
Program Accomplishments
In fiscal year 2001, 57 grant awards were made to all States and Territories. It is estimated that 57 grant awards will be made to all States and Territories in fiscal year 2002 and fiscal year 2003.
Financial Information
Account Identification
75-1362-0-1-550.
Obligations
(Grants) FY 02 $29,400,000; FY 03 est $29,400,000; and FY 04 est $29,400,000.
Range and Average of Financial Assistance
From $190,400 to $2,657,883; $384,248.
Regulations, Guidelines and Literature
PHS Grants Policy Statement, DHHS Publication No. (OASH) 94-50,000, (Rev.) April 1, 1994, Notice of Proposed Rulemaking FR 59739: 64367ff, Dec. 14, 1994, 45 CFR 92 Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments; 45 CFR 74 Uniform Administrative Requirements for Awards and Subawards to Institutions of Higher Education, Hospitals, Other Nonprofit Organizations, and Commercial Organizations.
Related Programs
None.
Information Contacts
Regional or Local Office
Not applicable.
Headquarters Office
Program Contact: Ms. Karen S. Armstrong, Program Officer, Protection and Advocacy Program, Division of State and Community Systems Development, Center for Mental Health Services, Substance Abuse and Mental Health Services Administration, Department of Health and Human Services, Room 15C26, Parklawn Building, 5600 Fishers Lane, Rockville, MD 20857. Telephone: (301) 443-3667. Grants Management Contact: Ms. LouEllen M. Rice, Grants Management Officer, Division of Grants Management, Substance Abuse and Mental Health Services Administration, Department of Health and Human Services, Room 13-103, Parklawn Building, 5600 Fishers Lane, Rockville, MD 20857. Telephone: (301) 443-4456. Use the same numbers for FTS.
Web Site Address
Examples of Funded Projects
None.
Criteria for Selecting Proposals
Applications for allotments must fulfill statutory requirements.
