The Bazelon Center for Mental Health Law


 

 

Table 1. Purposes and Constraints in Major Federal Programs

Program

Purposes

Limitations

Title IV-E

Title IV-E Foster Care and Adoption Assistance Program supports the maintenance and associated administrative child welfare functions for children in foster care (first column in the matrix). Title IV-E administrative and training funds can be used to supplement these funds as well as for additional specific purposes (second and third columns in the matrix). A separate fixed annual appropriation provides additional funds for independent living services (not separately listed in the matrix).

Children must meet certain low-income guidelines to benefit from Title IV-E. For costs to be funded through Title IV-E those activities must be included in the foster care rate. Title IV-E can support a family organization or family participation in policy and program, but only when the families are designated as volunteers supporting the appropriate department's foster care or protective services program. Finally, use of training funds in university settings is limited to those who work, or agree to work in the future, in a public or private non-profit agency.

Title IV-B and Promoting Safe and Stable Families Program

Child welfare systems can use Title IV-B funds for children and families where problems may result in neglect, abuse, exploitation or delinquency of children. There are two pots of funds under Title IV-B, the standard IV-B program which can support both families in care and families at risk and the Promoting Safe and Stable Families Program (formerly the Family Preservation Act) targeted specifically to keeping children with families, reunifying children with their families and providing adoption promotion and support services.

Most Title IV-B spending must be allocated to services that prevent child welfare placement. Title IV-B appropriations are significantly lower than Title IV-E.

IDEA

Children from all income levels are eligible for special education and related services under IDEA. Under federal law, if a service in a child's IDEA special education plan (IEP) is covered by Medicaid, Medicaid pays first.

To qualify, children must meet the education system's criteria as a child with a disability (usually children with mental disorders qualify as a child with emotional disturbance, other health impairments or learning disabilities).

Medicaid

Medicaid eligibility for children is primarily based on family income, and income levels vary by state as states have the option to raise the basic federally-mandated income level (federal poverty level). Children may also qualify due to the severity of their disorder, but in this case must also come from low-income families.

Only through certain optional eligibility categories (such as a home- and community-based waiver or the TEFRA option1) can children from some higher income families qualify. Medicaid pays for health-related services; it will not pay the non-service costs of certain mental health programs, such as housing costs, job training or academic teaching.

State Child Health Insurance Program (S-CHIP)

S-CHIP benefits vary by state. Some states provide these children with Medicaid coverage, some with a Medicaid-like benefit and others with a benefit modeled on private insurance plans.

States using the option to provide S-CHIP children with a benefit modeled on private insurance have placed significant restrictions on the amount of service covered (day and visit limits) and on the type of services paid for (rehabilitation and other intensive community services are rarely covered).

Maternal & Child Health Block Grant (Title V)

These funds support a wide array of family-centered, community-based services as well as training, family-to-family support and other activities. Funds can be used for direct services, enabling services, population-based services or infrastructure building. The matrix presents the broad array of services that states are permitted to cover.

States have the flexibility to determine children who will qualify as well as services and activities to be funded. Many states specifically exclude mental health as a covered service under the Maternal and Child Health program. These funds may not support inpatient or residential care. If a service is covered by Medicaid or the State Child Health Insurance Program, those programs must pay and Title V funds may not be used.

Social Services Block Grant

Services are provided to low-income individuals and families and children and adults who have been abused or neglected and other vulnerable populations.

There is considerable variation in states' use of these funds for mental health services. These funds rarely support a service entirely but are used to supplement other resources.

TANF

TANF is a capped block grant with no required state match, although there are maintenance-of-effort requirements. Services can be funded for needy families with children and can include services for family reunification, parenting education, in-home services and crisis intervention. Children removed from home and placed with a relative are also eligible for a range of services.

Medical services are not covered. States can transfer some funds from TANF to their social services block grant.

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  Judge David L. Bazelon Center for Mental Health Law
1101 15th Street, NW, Suite 1212
Washington, DC 20005

Phone: 202-467-5730
Fax: 202-223-0409
Email: webmaster@bazelon.org

 
Judge David L. Bazelon Center for Mental Health Law
1101 15th Street, NW, Suite 1212
Washington, DC 20005

Phone: 202-467-5730
Fax: 202-223-0409
Email: webmaster@bazelon.org