20 U.S.C. § 1491a
Section 1491a · Findings, purposes, and policy
Amended 1 time on record
The Congress makes the following findings:
(1) It is in the best interest of our Nation to preserve, strengthen, and maintain the family.
(2) Families are the greatest natural resource available to their children and are the major providers of support, care, and training of their children.
(3) Families of children with disabilities enrich the lives of all citizens through the contributions of such families to the economic, health, and social fabric of their community, State, and Nation.
(4) A growing number of families are searching for ways to empower themselves to raise their children with disabilities at home and in their communities. Supporting such families to enable them to care for their children with disabilities at home is efficient and can be cost-effective.
(5) Children, including children with disabilities, benefit from enduring family relationships in a nurturing home environment.
(6) Many families experience exceptionally high financial outlays and significant physical and emotional challenges in meeting the special needs of their children with disabilities.
(7) There are financial disincentives for families to care for their children with disabilities at home.
(8) Most families of children with disabilities do not have access to family-centered and family-directed services to support such families in their efforts to care for their children with disabilities at home.
(9) There is a need in each State for a comprehensive, coordinated, interagency system of family support for families of children with disabilities that is family-centered and family-directed, is easily accessible, avoids duplication, uses existing resources more efficiently, and prevents gaps in services to families in all areas of the State.
(10) The goals of the Nation properly include the goal of providing families of children with disabilities the family support necessary to accomplish the following:
(A) To support the family.
(B) To enable families of children with disabilities to nurture and enjoy their children at home.
(C) To enable families of children with disabilities to make informed choices and decisions regarding the nature of services, supports, and resources made available to such families.
The purposes of this subchapter are as follows:
(1) To provide financial assistance to the States to support systems change activities designed to assist each State to develop and implement, or expand and enhance, a family-centered and family-directed, culturally competent, community-centered, comprehensive, statewide system of family support for families of children with disabilities that is designed to—
(A) ensure the full participation, choice and control of families of children with disabilities in decisions related to the provision of such family support for their family;
(B) ensure the active involvement of families of children with disabilities in the planning, development, implementation, and evaluation of such a statewide system;
(C) increase the availability of, funding for, access to, and provision of family support for families of children with disabilities;
(D) promote training activities that are family-centered and family-directed and that enhance the ability of family members of children with disabilities to increase participation, choice, and control in the provision of family support for families of children with disabilities;
(E) increase and promote interagency coordination among State agencies, and between State agencies and private entities that are involved in carrying out activities under section 1491g of this title; and
(F) increase the awareness of laws, regulations, policies, practices, procedures, and organizational structures, which facilitate or impede the availability or provision of family support for families of children with disabilities.
(2) To enhance the ability of the Federal Government to—
(A) identify Federal policies that facilitate or impede family support for families of children with disabilities, and that are consistent with the principles in subsection (c) of this section;
(B) provide States with technical assistance and information relating to the provision of family support for families of children with disabilities;
(C) conduct an evaluation of the program of grants to States; and
(D) provide funding for model demonstration and innovation projects.
It is the policy of the United States that all programs, projects, and activities receiving assistance under this subchapter shall be family-centered and family-directed and shall be carried out in a manner consistent with the following principles:
(1) Family support for families of children with disabilities must focus on the needs of the entire family.
(2) Families of children with disabilities should be supported in determining their needs and in making decisions concerning necessary, desirable, and appropriate services.
(3) Families should play decisionmaking roles in policies and programs that affect the lives of such families.
(4) Family needs change over time and family support for families of children with disabilities must offer options that are flexible and responsive to the unique needs and strengths and cultural values of individual families.
(5) Family support for families of children with disabilities is proactive and not solely in response to a crisis.
(6) Families must be supported in their efforts to promote the integration and inclusion of their children with disabilities into all aspects of community life.
(7) Family support for families of children with disabilities should promote the use of existing social networks, strengthen natural sources of support, and help build connections to existing community resources and services.
(8) Youth with disabilities should be involved in decisionmaking about their own lives, consistent with the unique strengths, resources, priorities, concerns, abilities, and capabilities of each such youth.
(9) Services and supports must be provided in a manner that demonstrates respect for individual dignity, personal responsibility, self-determination, personal preferences, and cultural differences of families.
Nothing in this subchapter shall be construed to prevent families from choosing an out-of-home placement for their children with disabilities, including institutional placement for such children.