§10408 — Title 42 The Public Health and Welfare | U.S. Code

Summary

States that get the grant must give subgrants to local groups to run programs that stop family, domestic, and dating violence by offering immediate shelter and support for adult and youth victims and their dependents. The money can pay for running shelters, safety planning, counseling and support groups, outreach and training, culturally and language-appropriate help, services for kids who saw violence, advocacy and case management (like help getting benefits, legal help, medical referrals, housing help, transportation, child care, job training, and money management), and prevention work, including reaching underserved people. At least 70% of the funds must go to programs whose main purpose is immediate shelter and related support, and at least 25% must go to other supportive and prevention services. To get a subgrant, an applicant must be a local public agency or a nonprofit (including faith-based, community, tribal, or charitable groups) with a proven record helping victims, or a partnership of two or more groups that includes such an organization plus one that serves the local community and provides culturally appropriate services. The funds cannot be given as direct cash to victims or their dependents. Getting services must be voluntary, and emergency shelter cannot have conditions attached.

Title 42, §10408

The Public Health and Welfare — Source: USLM XML via OLRC

(a)A State that receives a grant under section 10406(a) of this title shall use grant funds described in section 10406(b)(2) of this title to provide subgrants to eligible entities for programs and projects within such State, that is 11 So in original. Probably should be “are”. designed to prevent incidents of family violence, domestic violence, and dating violence by providing immediate shelter and supportive services for adult and youth victims of family violence, domestic violence, or dating violence (and their dependents), and that may provide prevention services to prevent future incidents of family violence, domestic violence, and dating violence.

(b)(1)Funds awarded to eligible entities under subsection (a) shall be used to provide shelter, supportive services, or prevention services to adult and youth victims of family violence, domestic violence, or dating violence, and their dependents, which may include—

(A)provision, on a regular basis, of immediate shelter and related supportive services to adult and youth victims of family violence, domestic violence, or dating violence, and their dependents, including paying for the operating and administrative expenses of the facilities for such shelter;

(B)assistance in developing safety plans, and supporting efforts of victims of family violence, domestic violence, or dating violence to make decisions related to their ongoing safety and well-being;

(C)provision of individual and group counseling, peer support groups, and referral to community-based services to assist family violence, domestic violence, and dating violence victims, and their dependents, in recovering from the effects of the violence;

(D)provision of services, training, technical assistance, and outreach to increase awareness of family violence, domestic violence, and dating violence and increase the accessibility of family violence, domestic violence, and dating violence services;

(E)provision of culturally and linguistically appropriate services;

(F)provision of services for children exposed to family violence, domestic violence, or dating violence, including age-appropriate counseling, supportive services, and services for the nonabusing parent that support that parent’s role as a caregiver, which may, as appropriate, include services that work with the nonabusing parent and child together;

(G)provision of advocacy, case management services, and information and referral services, concerning issues related to family violence, domestic violence, or dating violence intervention and prevention, including—

(i)assistance in accessing related Federal and State financial assistance programs;

(ii)legal advocacy to assist victims and their dependents;

(iii)medical advocacy, including provision of referrals for appropriate health care services (including mental health, alcohol, and drug abuse treatment), but which shall not include reimbursement for any health care services;

(iv)assistance locating and securing safe and affordable permanent housing and homelessness prevention services;

(v)provision of transportation, child care, respite care, job training and employment services, financial literacy services and education, financial planning, and related economic empowerment services; and

(vi)parenting and other educational services for victims and their dependents; and

(H)prevention services, including outreach to underserved populations.

(2)Not less than 70 percent of the funds distributed by a State under subsection (a) shall be distributed to entities for the primary purpose of providing immediate shelter and supportive services to adult and youth victims of family violence, domestic violence, or dating violence, and their dependents, as described in paragraph (1)(A). Not less than 25 percent of the funds distributed by a State under subsection (a) shall be distributed to entities for the purpose of providing supportive services and prevention services as described in subparagraphs (B) through (H) of paragraph (1).

(c)To be eligible to receive a subgrant from a State under this section, an entity shall be—

(1)a local public agency, or a nonprofit private organization (including faith-based and charitable organizations, community-based organizations, tribal organizations, and voluntary associations), that assists victims of family violence, domestic violence, or dating violence, and their dependents, and has a documented history of effective work concerning family violence, domestic violence, or dating violence; or

(2)a partnership of 2 or more agencies or organizations that includes—

(A)an agency or organization described in paragraph (1); and

(B)an agency or organization that has a demonstrated history of serving populations in their communities, including providing culturally appropriate services.

(d)(1)No funds provided under this chapter may be used as direct payment to any victim of family violence, domestic violence, or dating violence, or to any dependent of such victim.

(2)Receipt of supportive services under this chapter shall be voluntary. No condition may be applied for the receipt of emergency shelter as described in subsection (b)(1)(A).

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 10408, Pub. L. 98–457, title III, § 309, Oct. 9, 1984, 98 Stat. 1762; Pub. L. 102–295, title III, § 311(b),

May 28, 1992, 106 Stat. 203; Pub. L. 103–322, title IV, § 40272(a), Sept. 13, 1994, 108 Stat. 1937; Pub. L. 108–36, title IV, § 405,

June 25, 2003, 117 Stat. 826, which related to definitions, was renumbered section 320 of Pub. L. 98–457 by Pub. L. 108–36, title IV, § 415(5),

June 25, 2003, 117 Stat. 830, and transferred to section 10421 of this title, prior to the general amendment of this chapter by Pub. L. 111–320. A prior section 308 of Pub. L. 98–457 was classified to section 10407 of this title prior to the general amendment of this chapter by Pub. L. 111–320.

§10408 Subgrants and uses of funds

Summary

Title 42, §10408

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Citations & Metadata