[Code of Federal Regulations]

[Title 45, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR1386.23]



[Page 346-347]

 

                        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 347]]



    (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]