[Code of Federal Regulations]
[Title 45, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR1386.23]

[Page 396-397]
 
                        TITLE 45--PUBLIC WELFARE
 
CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 
                           AND HUMAN SERVICES
 
PART 1386--FORMULA GRANT PROGRAMS--Table of Contents
 
  Subpart B--State System for Protection and Advocacy of the Rights of 
               Individuals with Developmental Disabilities
 
Sec. 1386.23  Periodic reports: Protection and Advocacy System.

    (a) By January 1 of each year the Protection and Advocacy System 
shall submit an Annual Program Performance Report as required in section 
107(b) of the Act, in a format designated by the Secretary.
    (b) Financial status reports must be submitted by the Protection and 
Advocacy Agency according to a frequency interval specified by the 
Administration for Children and Families. In no case will such reports 
be required more frequently than quarterly.
    (c) By January 1 of each year, the Protection and Advocacy System 
shall submit an Annual Statement of Objectives and Priorities, (SOP) for 
the coming fiscal year as required under section 142(a)(2)(C) of the 
Act.

[[Page 397]]

    (1) The SOP is a description and explanation of the priorities and 
selection criteria for the system's individual advocacy caseload; 
systemic advocacy work and training activities, and the outcomes which 
it strives to accomplish.
    (2) Where applicable, the SOP must include a description of how the 
Protection and Advocacy System operates and how it coordinates the 
Protection and Advocacy program for individuals with developmental 
disabilities with other Protection and Advocacy (P&A) programs 
administered by the State Protection and Advocacy System. This 
description must address the System's intake process, internal and 
external referrals of eligible clients, duplication and overlap of 
services and eligibility, streamlining of advocacy services, 
collaboration and sharing of information on service needs and 
development of Statements of Objectives and Priorities for the various 
advocacy programs.
    (3) Priorities as established through the SOP serve as the basis for 
P&As to determine which cases are selected in a given fiscal year. P&As 
have the authority to turn down a request for assistance when it is 
outside the scope of the SOP but they must inform individuals that this 
is the basis for turning them down.
    (d) Each fiscal year, the Protection and Advocacy Agency shall:
    (1) Obtain formal public input on its Statement of Objectives and 
Priorities;
    (2) At a minimum, provide for a broad distribution of the proposed 
Statement of Objectives and Priorities for the next fiscal year in a 
manner accessible to individuals with developmental disabilities and 
their representatives, allowing at least 45 days from the date of 
distribution for comment;
    (3) Provide to the State Developmental Disabilities Council and the 
University Affiliated Program a copy of the proposed Statement of 
Objectives and Priorities for comments concurrently with the public 
notice;
    (4) Incorporate or address any comments received through the public 
input and any input received from the State Developmental Disabilities 
Council and the University Affiliated Program in the final Statement 
submitted to the Department; and
    (5) Address how the Protection and Advocacy System; State 
Developmental Disabilities Council; and the University Affiliated 
Program will collaborate with each other and with other public and 
private entities.

(The requirements under paragraph (b) are approved under control number 
0348-0039 by the Office of Management and Budget (OMB). Information 
collection requirements contained in paragraph (c) are approved under 
OMB control number 0970-0132 pursuant to sections 142(a)(2) (C) and (D) 
and section 107(b) of the Act.)

[61 FR 51159, Sept. 30, 1996]