42 U.S.C. § 12312

Functions of Commissioner

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(a) In generalThe Commissioner shall—(1) serve as the effective and visible advocate for children, youth, and families within the Department of Health and Human Services and with other departments, agencies, and instrumentalities of the Federal Government by maintaining active review and commenting responsibilities, as appropriate, concerning Federal policies affecting young individuals, and the families of young individuals;(2) collect and disseminate information related to the problems of young individuals and the families of such individuals;(3) assist the Secretary in appropriate matters pertaining to young individuals, and the families of such individuals;(4) administer the grants authorized under this subchapter;(5) develop plans and conduct research in the field of young individuals, and the families of such individuals;(6) assist, to the maximum extent practicable, in the establishment and implementation of programs designed to meet the needs of young individuals for supportive services including—(A) health and mental health services;(B) housing and shelter assistance;(C) education and training services;(D) protective services;(E) foster care;(F) teen parenting support;(G) child care;(H) family support and preservation;(I) teen pregnancy prevention and counseling;(J) counseling on the effects of violence in the communities of such individuals and their families;(K) recreational and volunteer opportunities; and(L) comprehensive early childhood development;(7) provide technical assistance and consultation to States and the political subdivisions of such States with respect to programs for young individuals;(8) prepare, publish, and disseminate educational materials concerning the welfare of young individuals;(9) gather statistics concerning young individuals, and the families of such individuals, that other Federal agencies are not collecting;(10) to the maximum extent practicable coordinate activities carried out or assisted by all departments, agencies, and instrumentalities of the Federal Government with respect to the collection, preparation, and dissemination of information relevant to young individuals and the families of such individuals;(11) stimulate more effective uses of existing resources and available services for young individuals and the families of such individuals;(12) develop basic policies and set priorities with respect to the development and operation of programs and activities conducted under this chapter;(13) convene conferences of authorities and officials of organizations, including Federal, State, and local agencies, and nonprofit private organizations, of programs for children, youth and their families for the development and implementation of policies related to the priorities and purposes of this chapter, including topics such as the establishment of a nationwide network of comprehensive, coordinated services and opportunities for such individuals;(14) conduct periodic evaluations of the programs and activities related to the purposes of this chapter; and(15) develop, in coordination with other agencies, methods to ensure adequate training for personnel concerning children, youth and families and to ensure the adequate dissemination of such information to appropriate State and community agencies.(b) Encouragement of volunteerism

In executing the duties and functions of the Administration under this subchapter and in carrying out the programs and activities authorized under this chapter, the Commissioner, in consultation with the Chief Executive Officer of the Corporation for National and Community Service, shall take necessary steps to coordinate with and seek the advice of voluntary agencies and organizations that provide services related to the purposes of this chapter.

(Pub. L. 101–501, title IX, § 916, Nov. 3, 1990, 104 Stat. 1263; Pub. L. 103–82, title IV, § 405(o), Sept. 21, 1993, 107 Stat. 922.)Editorial NotesAmendments

1993—Subsec. (b). Pub. L. 103–82 substituted “the Chief Executive Officer of the Corporation for National and Community Service” for “the Director of the ACTION Agency”.

Statutory Notes and Related SubsidiariesEffective Date of 1993 Amendment

Amendment by Pub. L. 103–82 effective Apr. 4, 1994, see section 406(b) of Pub. L. 103–82, set out as a note under section 8332 of Title 5, Government Organization and Employees.

Effective Date

Section effective Oct. 1, 1990, see section 1001(a) of Pub. L. 101–501, set out as an Effective Date of 1990 Amendment note under section 8621 of this title.

Notes of Decisions
Cited in 11 cases (7 in the last 5 years), 2001–2025 · leading case: Reickenbacker v. Foster, 274 F.3d 974 (5th Cir. 2001).
Reickenbacker v. Foster, 274 F.3d 974 (5th Cir. 2001). “VII Since Congress has not validly acted through its Fourteenth Amendment § 5 power to abrogate state sovereign immunity, LDPSC was entitled to dismissal of both the Title II and Rehabilitation Act claims.”
Pashby v. Cansler, 279 F.R.D. 347 (E.D.N.C. 2011). “§ 1396a(a)(10)(B); Title II of the Americans with Disabilities Act, 42 U.S.C. § 12312 ; section 504 of the Rehabilitation Act of 1973, 29 U.”
Ickes (N.D. Cal. 2025). · cites it 2× “” 42 U.S.C. § 12312 . 9 Similarly, under the Rehabilitation Act, “[n]o otherwise qualified individual with a disability .”
Ickes (N.D. Cal. 2025). · cites it 2× “” 42 U.S.C. § 12312 . Similarly, under the Rehabilitation Act, “[n]o otherwise qualified 7 individual with a disability .”
Yates v. East Side Union High Sch. Dist. (N.D. Cal. 2021). “21 The same goes for the claims for disability discrimination against the District under the 22 ADA, 42 U.S.C. § 12312 , Section 504 of the Rehabilitation Act, 29 U.”
Price v. Howard Cnty. Pub. Sch. Sys. (D. Maryland 2023). “1999); see also 42 U.S.C. § 12312 (forbidding discrimination by a public entity).”
Stevens v. Ludeman (D. Minnesota 2019). “) To state a claim for disability discrimination under 42 U.S.C. § 12312 , as Plaintiff is attempting to do, a plaintiff must “show (1) they are qualified individuals with a disability; (2) they were denied the benefits of a public entity's service or program, or otherwise…”
B.S. v. Carter Cnty. Bd. of Educ. (E.D. Tenn. 2023). “” 42 U.S.C. § 12312 . Section 504 of the Rehabilitation Act generally applies that same prohibition to any federally funded “program or activity” but the causation standard is higher—any discrimination must occur “solely by reason of” the plaintiff’s disability.”
Prado v. City of Berkeley (N.D. Cal. 2024). “” 42 U.S.C. § 12312 . The 27 public entity may not “directly or through contractual or other arrangements, utilize criteria or 1 impairing accomplishment of the objectives of the public entity’s program with respect to 2 individuals with disabilities.”
(PS) Hipp v. The City of Vallejo (E.D. Cal. 2025). “6 Under Title II of the ADA, “no qualified individual with a disability shall, by reason of 7 such disability, be excluded from participation in or be denied the benefits of the 8 services, programs, or activities of a public entity, or be subjected to discrimination by 9 any…”
Kuperman v. Warden, NHSP, 2009 DNH 175 (D.N.H. 2009). “3 Kuperman also brought a number of other claims against the defendants: an Eighth Amendment claim for failure to protect him from a series of sexual assaults; another Eighth Amendment claim for failure to provide adequate medical care; a related common- law negligence claim;…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.