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Catalog of Federal Domestic Assistance

Program Descriptions

93.138:  Protection and Advocacy for Individuals with Mental Illness

Popular Name:  Individual with Mental Illness P and A Services

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, and (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.

PROGRAM AND AWARD	FINANCIAL AND INFORMATION CONTACTS
ELIGIBILITY REQUIREMENTS	FINANCIAL AND ADMINISTRATIVE INFO.
APPLICATION AND AWARD PROCESS	INFORMATION CONTACTS
RELATED PROGRAMS	ASSISTANCE CONSIDERATIONS
PROGRAM ACCOMPLISHMENTS	POST ASSISTANCE REQUIREMENTS

93.138 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 mental illness are eligible while they are inpatients or residents in facilities rendering care or treatment, and for 90 days following discharge from such facilities. Eligibility also 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.

93.138 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 15C05, Parklawn Bldg., 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.

Deadlines:  Contact Headquarters Office for application deadlines.

Range of Approval/Disapproval Time:  Not applicable.

Appeals:  Not applicable.

Renewals:  Not applicable.

Criteria for Selecting Proposals:  Applications for allotments must fulfill statutory requirements.

Examples of Funded Projects:  None.

Range and Average of Financial Assistance:  From $139,242 to $1,940,458; $384,248.

93.138 RELATED PROGRAMS:

93.138 PROGRAM ACCOMPLISHMENTS:

93.138 FINANCIAL AND ADMINISTRATIVE INFO:

Federal Agency:  SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN SERVICES

Type of Assistance:  Formula Grants.

Obligations:  (Grants) FY 99 $22,490,000; FY 00 est $24,404,940; and FY 01 est $25,480,000.

Budget Account Number:  75-1362-0-1-550.

Authorization:  Protection and Advocacy for Individuals with Mental Illness Act of 1986, Title I, Public Law 99-319, as amended, Public Law 100-509 and 102-173; 42 U.S.C. 10801 et seq.

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.

93.138 INFO CONTACTS:

Regional or Local Office:  Not applicable.

Headquarters Office:  Program Contact: Ms. Karen Armstrong, Program Officers, 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 13-103, Parklawn Bldg., 5600 Fishers Lane, Rockville, MD 20857. Phone: (301) 443-3667. Grants Management Contact: Ms. Lou Ellen Rice, Grants Management Officer, Division of Grants Management, Substance Abuse and Mental Health Services Administration, Department of Health and Human Services, Room 15C-05, Parklawn Bldg., 5600 Fishers Lane, Rockville, MD 20857. Phone: (301) 443-4456. Use the same numbers for FTS.

(See Appendix IV for more contact info.)

93.138 ASSISTANCE CONSIDERATIONS:

Formula and Matching Requirements:  Formula provisions are stated in the authorizing Act, Public Law 99-319, 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 DC and Puerto Rico) will be less than $140,000 and no U.S. Territory's allotment will be less than $75,000.

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.

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.

93.138 POST ASSISTANCE REQUIREMENTS:

Reports:  On January 1, 1987, and January 1 of each succeeding year, an annual report must be submitted in accordance with the requirements stated in the authorizing Act (Public Law 99-319) 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 receive 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.