42 USC 711 - Maternal, infant, and early childhood home visiting programs

1 So in original. Probably should be followed by a period.

2 So in original. The comma probably should not appear.

(and in the case of the service delivery model described in item (aa), sustained) positive outcomes, as described in the benchmark areas specified in paragraph (1)(A) and the participant outcomes described in paragraph (2)(B), when evaluated using well-designed and rigorous—

Editorial Notes

References in Text

The effective date of this paragraph, referred to in subsec. (d)(4)(A), is Oct. 1, 2023, see section 6101(i)(2) of Puspan. L. 117–328, set out as an Effective Date of 2022 Amendment note below.

The Child Abuse Prevention and Treatment Act, referred to in subsec. (e)(9), is Puspan. L. 93–247, Jan. 31, 1974, 88 Stat. 4. Title II of the Act is classified generally to subchapter III (§ 5116 et seq.) of chapter 67 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5101 of this title and Tables.

Codification

December 29, 2022, referred to in subsecs. (d)(1)(B)(i) and (h)(6)(B)(i), was in the original “the date of the enactment of this section” and “the date of the enactment of this Act”, respectively, and in both cases the quoted language was translated as meaning the date of enactment of Puspan. L. 117–328, which added subsecs. (d)(1)(B) and (h)(6), to reflect the probable intent of Congress.

Prior Provisions

A prior section 711, act Aug. 14, 1935, ch. 531, title V, § 511, as added Jan. 2, 1968, Puspan. L. 90–248, title III, § 301, 81 Stat. 927, which related to training of personnel for health care and related services for mothers and children, was omitted in the general revision of this subchapter by Puspan. L. 97–35, title XXI, § 2192(a), Aug. 13, 1981, 95 Stat. 818.

Another prior section 711, acts Aug. 14, 1935, ch. 531, title V, § 511, 49 Stat. 631; Aug. 10, 1939, ch. 666, title V, § 504, 53 Stat. 1380; 1946 Reorg. Plan No. 2, § 1, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095; Aug. 10, 1946, ch. 951, title IV, § 401(span)(4), 60 Stat. 986; Aug. 28, 1950, ch. 809, title III, pt. 3, § 331(c), pt. 6, § 361(e), 64 Stat. 551, 558; Aug. 28, 1958, Puspan. L. 85–840, title VI, § 603(a), 72 Stat. 1055; Sept. 13, 1960, Puspan. L. 86–778, title VII, § 707(a)(2)(A), 74 Stat. 995; Oct. 24, 1963, Puspan. L. 88–156, § 3(a), 77 Stat. 273; July 30, 1965, Puspan. L. 89–97, title II, § 202(a), 79 Stat. 353, authorized appropriations, for services for crippled children, of $25,000,000, $30,000,000, $35,000,000, $45,000,000, $50,000,000, $55,000,000, and $60,000,000 for fiscal years ending June 30, 1963, 1964, 1965, 1966, 1967, 1968, 1969, 1970 and thereafter respectively, prior to the general amendment of title V of the Social Security Act by Puspan. L. 90–248, § 301, and was covered by former section 701 of this title.

Provisions similar to those comprising former section 711 were contained in section 516 of act Aug. 14, 1935, ch. 531, title V, as added July 30, 1965, Puspan. L. 89–97, title II, § 203(a), 79 Stat. 353 (formerly classified to section 716 of this title), prior to the general amendment and renumbering of title V of act Aug. 14, 1935, by Puspan. L. 90–248, § 301.

Amendments

2022—Subsec. (span)(1)(B)(iii). Puspan. L. 117–328, § 6101(f)(2)(A)(i), substituted “subsection (l)(2)” for “subsection (k)(2)”.

Subsec. (c)(4). Puspan. L. 117–328, § 6101(c)(1)(A), amended par. (4) generally. Prior to amendment, text read as follows: “The Secretary shall determine the period of years for which a grant is made to an eligible entity under paragraph (1).”

Subsec. (d)(1). Puspan. L. 117–328, § 6101(span)(1), substituted “benchmark areas related to individual family outcomes” for “benchmark areas” in span.

Subsec. (d)(1)(B), (C). Puspan. L. 117–328, § 6101(span)(3), added subpar. (B) and redesignated former subpar. (B) as (C). Former subpar. (C) redesignated (D).

Subsec. (d)(1)(D). Puspan. L. 117–328, § 6101(span)(3), redesignated subpar. (C) as (D). Former par. (D) redesignated (E).

Subsec. (d)(1)(D)(i). Puspan. L. 117–328, § 6101(span)(2), substituted “(C)” for “(B)”.

Subsec. (d)(1)(E). Puspan. L. 117–328, § 6101(span)(3), redesignated subpar. (D) as (E).

Subsec. (d)(3)(B). Puspan. L. 117–328, § 6101(d), added subpar. (B). Former subpar. (B) redesignated (C).

Subsec. (d)(3)(C). Puspan. L. 117–328, § 6101(d), redesignated subpar. (B) as (C).

Subsec. (d)(3)(C)(vii). Puspan. L. 117–328, § 6101(h)(1)(C), added cl. (vii).

Subsec. (d)(4). Puspan. L. 117–328, § 6101(h)(1)(B), added par. (4). Former par. (4) redesignated (5).

Subsec. (d)(5). Puspan. L. 117–328, § 6101(h)(1)(B), redesignated par. (4) as (5). Former par. (5) redesignated (6).

Puspan. L. 117–328, § 6101(e)(1), added par. (5).

Subsec. (d)(6). Puspan. L. 117–328, § 6101(h)(1)(B), redesignated par. (5) as (6).

Subsec. (e)(8)(A). Puspan. L. 117–328, § 6101(h)(1)(D), inserted “, including the number of virtual home visits conducted under the program in the year covered by the report, disaggregated with respect to each home visiting model under which the virtual home visits are conducted” before semicolon.

Subsec. (e)(10), (11). Puspan. L. 117–328, § 6101(h)(1)(A), added par. (10) and redesignated former par. (10) as (11).

Subsec. (f). Puspan. L. 117–328, § 6101(c)(1)(B), amended subsec. (f) generally. Prior to amendment, text read as follows: “Funds provided to an eligible entity receiving a grant under this section shall supplement, and not supplant, funds from other sources for early childhood home visitation programs or initiatives.”

Subsec. (h)(2)(B). Puspan. L. 117–328, § 6101(f)(2)(A)(ii), substituted “subsection (k)” for “subsection (j)” and “subsection (l)(1)(B)” for “subsection (k)(1)(B)” in introductory provisions.

Subsec. (h)(6). Puspan. L. 117–328, § 6101(g), added par. (6).

Subsec. (i)(2)(C) to (G). Puspan. L. 117–328, § 6101(e)(2), redesignated subpars. (D) to (G) as (C) to (F), respectively, and struck out former subpar. (C) which read as follows: “Section 704(d) of this title (relating to a limitation on administrative expenditures).”

Subsec. (j). Puspan. L. 117–328, § 6101(f)(1), added subsec. (j). Former subsec. (j) redesignated (k).

Subsec. (j)(1). Puspan. L. 117–328, § 6101(c)(3)(A), added subpars. (A) to (E) and struck out former subpars. (A) to (H) which read as follows:

“(A) $100,000,000 for fiscal year 2010;

“(B) $250,000,000 for fiscal year 2011;

“(C) $350,000,000 for fiscal year 2012;

“(D) $400,000,000 for fiscal year 2013;

“(E) $400,000,000 for fiscal year 2014;

“(F) for fiscal year 2015, $400,000,000;

“(G) for fiscal year 2016, $400,000,000; and

“(H) for each of fiscal years 2017 through 2022, $400,000,000.”

Subsec. (j)(2). Puspan. L. 117–328, § 6101(c)(2)(A), substituted “each amount made available for base grants and each amount made available for matching grants” for “the amount” in introductory provisions.

Subsec. (j)(2)(A). Puspan. L. 117–328, § 6101(c)(2)(B), substituted “6” for “3”, inserted “and administering” before “grants”, and struck out “and” at end.

Subsec. (j)(2)(B) to (D). Puspan. L. 117–328, § 6101(c)(2)(C), added subpars. (B) to (D) and struck out former subpar. (B) which read as follows: “3 percent of such amount for purposes of carrying out subsections (d)(1)(B)(iii), (g), and (h)(3).”

Subsec. (j)(5). Puspan. L. 117–328, § 6101(c)(4), added par. (5).

Subsecs. (k), (l). Puspan. L. 117–328, § 6101(f)(1), redesignated subsecs. (j) and (k) as (k) and (l), respectively.

2018—Subsec. (span)(1). Puspan. L. 115–123, § 50603, in introductory provisions, substituted “Each State shall, as a condition of receiving payments from an allotment for the State under section 702 of this title, conduct a statewide needs assessment (which may be separate from but in coordination with the statewide needs assessment required under section 705(a) of this title and which shall be reviewed and updated by the State not later than October 1, 2020)” for “Not later than 6 months after March 23, 2010, each State shall, as a condition of receiving payments from an allotment for the State under section 702 of this title for fiscal year 2011, conduct a statewide needs assessment (which shall be separate from the statewide needs assessment required under section 705(a) of this title)”.

Subsec. (c)(3) to (5). Puspan. L. 115–123, § 50605(a), added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively.

Subsec. (d)(1)(A). Puspan. L. 115–123, § 50602(a), struck out “each of” before “the following areas” in introductory provisions.

Subsec. (d)(1)(D). Puspan. L. 115–123, § 50602(span), added subpar. (D).

Subsec. (d)(4)(A). Puspan. L. 115–123, § 50604, inserted “, taking into account the staffing, community resource, and other requirements to operate at least one approved model of home visiting and demonstrate improvements for eligible families” before period at end.

Subsec. (e)(5). Puspan. L. 115–123, § 50602(c), inserted “that the service delivery model or models selected by the entity are intended to improve” before period at end.

Subsec. (h)(4)(A). Puspan. L. 115–123, § 50602(a), struck out “each of” before “the areas”.

Subsec. (h)(5). Puspan. L. 115–123, § 50606(a), added par. (5).

Subsec. (j)(1)(H). Puspan. L. 115–123, § 50601, substituted “each of fiscal years 2017 through 2022” for “fiscal year 2017”.

Subsec. (j)(3). Puspan. L. 115–123, § 50605(c), designated existing provisions as subpar. (A) and inserted span, substituted “Except as provided in subparagraph (B), funds” for “Funds”, and added subpar. (B).

Subsec. (j)(4). Puspan. L. 115–123, § 50607, added par. (4).

Subsec. (k)(4). Puspan. L. 115–123, § 50605(span), added par. (4).

2015—Subsec. (j)(1)(F) to (H). Puspan. L. 114–10 substituted “for fiscal year 2015, $400,000,000;” for “for the period beginning on October 1, 2014, and ending on March 31, 2015, an amount equal to the amount provided in subparagraph (E).” in subpar. (F) and added subpars. (G) and (H).

2014—Subsec. (j)(1)(F). Puspan. L. 113–93, § 209(1), added subpar. (F).

Subsec. (j)(2), (3). Puspan. L. 113–93, § 209(2), inserted “(or portion of a fiscal year)” after “for a fiscal year”.

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Puspan. L. 117–328, div. FF, title VI, § 6101(i), Dec. 29, 2022, 136 Stat. 5964, provided that:

“(1)In general.—Except as provided in paragraph (2), this section [amending this section and section 711a of this title and enacting provisions set out as notes under this section and section 1305 of this title] and the amendments made by this section shall take effect on October 1, 2022.

“(2)Virtual home visiting provisions.—The amendments made by subsection (h) [amending this section] shall take effect on October 1, 2023.”

Effective Date of 2018 Amendment

Puspan. L. 115–123, div. E, title VI, § 50606(span), Fespan. 9, 2018, 132 Stat. 231, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the date that is 2 years after the date of enactment of this Act [Fespan. 9, 2018].”

Transition Rule

Puspan. L. 117–328, div. FF, title VI, § 6101(h)(2), Dec. 29, 2022, 136 Stat. 5964, provided that:

“(A)In general.—A virtual home visit conducted before the effective date of the amendments made by this subsection [Oct. 1, 2023] under an early childhood home visitation program funded under section 511 of the Social Security Act [42 U.S.C. 711] shall be considered a home visit for purposes of such section.

“(B)Virtual home visit defined.—In subparagraph (A), the term ‘virtual home visit’ means a visit conducted solely by use of electronic information and telecommunications technologies.”

Allowing Home Visiting Programs To Continue Serving Families Safely

Puspan. L. 116–260, div. X, § 10, Dec. 27, 2020, 134 Stat. 2416, provided that:

“(a)In General.—For purposes of section 511 of the Social Security Act [42 U.S.C. 711], during the COVID–19 public health emergency period—

“(1) a virtual home visit shall be considered a home visit;

“(2) funding for, and staffing levels of, a program conducted pursuant to such section shall not be reduced on account of reduced enrollment in the program; and

“(3) funds provided for such a program may be used—

“(A) to train home visitors in conducting a virtual home visit and in emergency preparedness and response planning for families served, and may include training on how to safely conduct intimate partner violence screenings remotely, training on safety and planning for families served;

“(B) for the acquisition by families enrolled in the program of such technological means as are needed to conduct and support a virtual home visit; and

“(C) to provide emergency supplies to families served, regardless of whether the provision of such supplies is within the scope of the approved program, such as diapers, formula, non-perishable food, water, hand soap, and hand sanitizer.

“(span)Virtual Home Visit Defined.—In subsection (a), the term ‘virtual home visit’ means a home visit, as described in an applicable service delivery model, that is conducted solely by the use of electronic information and telecommunications technologies.

“(c)Authority to Delay Deadlines.—

“(1)In general.—The Secretary may extend the deadline by which a requirement of section 511 of the Social Security Act must be met, by such period of time as the Secretary deems appropriate, taking into consideration the impact of the COVID–19 public health emergency on eligible entity home visiting programs and the impact of families enrolled in home visiting programs. The Secretary may delay the deadline for submission, waive performance measures, or allow for alternative data sources to be used to show improvement in performance in the manner provided in section 511(d)(1) of such Act.

“(2)Delay of deadline for statewide needs assessment.—The Secretary may delay the October 1, 2020, deadline for reviewing and updating any needs assessment required by section 511(span)(1) or 511(h)(2)(A) of the Social Security Act, but any such delay shall not affect the timing for, or amount of, any payment to the State involved from the fiscal year allotments available to the State under section 502(c) of such Act [42 U.S.C. 702(c)].

“(3)Guidance.—The Secretary shall provide to eligible entities funded under section 511 of the Social Security Act information on the parameters used in extending a deadline under paragraph (1) or (2) of this subsection.

“(d)Timely Release of Title V Funds.—The authorities provided in this section shall not be interpreted to authorize or require any delay in the timely release of funds under title V of the Social Security Act [42 U.S.C. 701 et seq.].”

[For definitions of terms used in section 10 of div. X of Puspan. L. 116–260, set out above, see section 2 of div. X of Puspan. L. 116–260, set out as a note under section 629h of this title.]