Protection and Advocacy for Individuals with Mental Illness
Published on AidPage by
IDILOGIC on Jun 24, 2005
Purpose of this program:
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.
Possible 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.
Who is eligible to apply...
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.
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.
Note:This is a brief description of the credentials or documentation required prior to, or along with, an application for assistance.
About this section:
This section indicates who can apply to the Federal government for assistance and the criteria the potential applicant must satisfy.
For example, individuals may be eligible for research grants, and the criteria to be satisfied may be that they have a professional or scientific degree,
3 years of research experience, and be a citizen of the United States. Universities, medical schools, hospitals, or State and local governments may also be eligible.
Where State governments are eligible, the type of State agency will be indicated (State welfare agency or State agency on aging) and the criteria that they
must satisfy.
Certain federal programs (e.g., the Pell Grant program which provides grants to students) involve intermediate levels of application processing, i.e., applications
are transmitted through colleges or universities that are neither the direct applicant nor the ultimate beneficiary. For these programs,
the criteria that the intermediaries must satisfy are also indicated, along with intermediaries who are not eligible.
How to apply...
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.
Note: Each program will indicate whether applications are to be submitted to the Federal headquarters, regional or local office, or to a State or local government office.
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.)
Note: Grant payments may be made by a letter of credit, advance by Treasury check, or reimbursement by Treasury check.
Awards may be made by the headquarters office directly to the applicant, an agency field office, a regional office,
or by an authorized county office. The assistance may pass through the initial applicant for further distribution by
intermediate level applicants to groups or individuals in the private sector.
Deadlines and process...
Deadlines
Contact Headquarters Office for application deadlines.
Note:
When available, this section indicates the deadlines for applications to the funding agency which will
be stated in terms of the date(s) or between what dates the application should be received.
When not available, applicants should contact the funding agency for deadline information.
Range of Approval/Disapproval Time
Not applicable.
Preapplication Coordination
Not applicable. This program is excluded from coverage under E.O. 12372.
Note:
This section indicates whether any prior coordination or approval is required with governmental or nongovernmental units
prior to the submission of a formal application to the federal funding agency.
Appeals
Not applicable.
Note:
In some cases, there are no provisions for appeal. Where applicable, this section discusses appeal procedures or allowable rework time for resubmission
of applications to be processed by the funding agency. Appeal procedures vary with individual programs and are either listed in this section or
applicants are referred to appeal procedures documented in the relevant Code of Federal Regulations (CFR).
Renewals
Not applicable.
Note:
In some instances, renewal procedures may be the same as for the application procedure, e.g., for projects of a non-continuing nature renewals will be treated as new, competing applications; for projects of an ongoing nature, renewals may be given annually.
Who can benefit...
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.
Beneficiaries
About this section:
This section lists the ultimate beneficiaries of a program, the criteria they must satisfy and who specifically is not eligible. The applicant and beneficiary will generally be the same for programs that provide assistance directly from a Federal agency. However, financial assistance that passes through State or local governments will have different applicants and beneficiaries since the assistance is transmitted to private sector beneficiaries who are not obligated to request or apply for the assistance.
What types of assistance...
Formula Grants
Allocations of money to States or their subdivisions in accordance with distribution formulas prescribed by law or administrative regulation, for activities of a continuing nature not confined to a specific project.
How much financial aid...
Range and Average of Financial Assistance
$190,400 to $2,657,883; $384,248.
Note:
This section lists the representative range (smallest to largest) of the amount of financial assistance available. These figures are based upon funds awarded in the past fiscal year and the current fiscal year to date. Also indicated is an approximate average amount of awards which were made in the past and current fiscal years.
Obligations
(Grants) FY 03 $33,103,420; FY 04 est $33,927,600; and FY 05 est $33,927,600.
Note:
The dollar amounts listed in this section represent obligations for the past fiscal year (PY), estimates for the current fiscal year (CY), and estimates for the budget fiscal year (BY) as reported by the Federal agencies. Obligations for non-financial assistance programs indicate the administrative expenses involved in the operation of a program.
Account Identification
75-1362-0-1-550.
Note:
Note: This 11-digit budget account identification code represents the account which funds a particular program.
This code should be consistent with the code given for the program area as specified in Appendix III of the Budget of the United States Government.
Examples of funded projects...
None.
About this section
This section indicates the different types of projects which have been funded in the past. Only projects funded under Project Grants or Direct Payments for Specified Use should be listed here. The examples give potential applicants an idea of the types of projects that may be accepted for funding. The agency should list at least five examples of the most recently funded projects.
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.
Criteria for selecting proposals...
Applications for allotments must fulfill statutory requirements.
Assistance considerations...
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.
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.
Note:
A formula may be based on population, per capita income, and other statistical factors. Applicants are informed whether there are any matching requirements to be met when participating in the cost of a project. In general, the matching share represents that portion of the project costs not borne by the Federal government. Attachment F of OMB Circular No. A-102 (Office of Management and Budget) sets forth the criteria and procedures for the evaluation of matching share requirements which may be cash or in-kind contributions made by State and local governments or other agencies, institutions, private organizations, or individuals to satisfy matching requirements of Federal grants or loans.
Cash contributions represent the grantees' cash outlay, including the outlay of money contributed to the grantee by other public agencies, institutions, private organizations, or individuals. When authorized by Federal regulation, Federal funds received from other grants may be considered as the grantees' cash contribution.
In-kind contributions represent the value of noncash contributions provided by the grantee, other public agencies and institutions, private organizations or individuals. In-kind contributions may consist of charges for real property and equipment, and value of goods and services directly benefiting and specifically identifiable to the grant program. When authorized by Federal legislation, property purchased with Federal funds may be considered as grantees' in-kind contribution.
Maintenance of effort (MOE) is a requirement contained in certain legislation, regulations, or administrative policies stating that a grantee must maintain a specified level of financial effort in a specific area in order to receive Federal grant funds, and that the Federal grant funds may be used only to supplement, not supplant, the level of grantee funds.
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.
Note:
This section indicates whether program reports, expenditure reports, cash reports or performance monitoring are required by the Federal funding agency, and specifies at what time intervals (monthly, annually, etc.) this must be accomplished.
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.
Note:
This section discusses audits required by the Federal agency.
The procedures and requirements for State and local governments and nonprofit entities are set forth in OMB Circular No. A-133.
These requirements pertain to awards made within the respective State's fiscal year - not the Federal fiscal year,
as some State and local governments may use the calendar year or other variation of time span designated as the fiscal year period,
rather than that commonly known as the Federal fiscal year (from October 1st through September 30th).
Records
Records must be retained for at least 3 years after the date of submission of required financial status reports.
Note:
This section indicates the record retention requirements and the type of records the Federal agency may require.
Not included are the normally imposed requirements of the General Accounting Office.
For programs falling under the purview of OMB Circular No. A-102, record retention is set forth in Attachment C.
For other programs, record retention is governed by the funding agency's requirements.
Regulations...
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.
Note:
This section lists the legal authority upon which a program is based (acts, amendments to acts, Public Law numbers, titles, sections, Statute Codes, citations to the U.S. Code, Executive Orders, Presidential Reorganization Plans, and Memoranda from an agency head).
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.