42 U.S.C. § 1397

Purposes of division; authorization of appropriations

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For the purposes of consolidating Federal assistance to States for social services into a single grant, increasing State flexibility in using social service grants, and encouraging each State, as far as practicable under the conditions in that State, to furnish services directed at the goals of—(1) achieving or maintaining economic self-support to prevent, reduce, or eliminate dependency;(2) achieving or maintaining self-sufficiency, including reduction or prevention of dependency;(3) preventing or remedying neglect, abuse, or exploitation of children and adults unable to protect their own interests, or preserving, rehabilitating or reuniting families;(4) preventing or reducing inappropriate institutional care by providing for community-based care, home-based care, or other forms of less intensive care; and(5) securing referral or admission for institutional care when other forms of care are not appropriate, or providing services to individuals in institutions,there are authorized to be appropriated for each fiscal year such sums as may be necessary to carry out the purposes of this division.(Aug. 14, 1935, ch. 531, title XX, § 2001, as added Pub. L. 97–35, title XXIII, § 2352(a), Aug. 13, 1981, 95 Stat. 867; amended Pub. L. 111–148, title VI, § 6703(d)(1), Mar. 23, 2010, 124 Stat. 803.)Editorial NotesPrior Provisions

A prior section 1397, act Aug. 14, 1935, ch. 531, title XX, § 2001, as added Jan. 4, 1975, Pub. L. 93–647, § 2, 88 Stat. 2337; amended June 17, 1980, Pub. L. 96–272, title II, § 207(b), 94 Stat. 526, authorized appropriations to carry out former provisions of this subchapter, prior to the general revision of this subchapter by section 2352(a) of Pub. L. 97–35.

Amendments

2010—Pub. L. 111–148, § 6703(d)(1)(B), which directed substitution of “this division” for “this subchapter” wherever appearing in subtitle 1 of title XX of act Aug. 14, 1935, was executed to the concluding provisions of this section, which is in subtitle A of title XX of act Aug. 14, 1935, to reflect the probable intent of Congress.

Pub. L. 111–148, § 6703(d)(1)(A), substituted “division” for “subchapter” in section catchline.

Statutory Notes and Related SubsidiariesEffective Date

Pub. L. 97–35, title XXIII, § 2354, Aug. 13, 1981, 95 Stat. 874, provided that: “Except as otherwise explicitly provided, the provisions of this subtitle [subtitle C (§§ 2351–2355) of title XXIII of Pub. L. 97–35, see Short Title of 1981 Amendment note set out under section 1305 of this title] and the repeals and amendments made by this subtitle, shall become effective on October 1, 1981.”

Study of State Social Service Programs; Report to Congress

Pub. L. 97–35, title XXIII, § 2355, Aug. 13, 1981, 95 Stat. 874, required Secretary of Health and Human Services to conduct a study to identify criteria and mechanisms which may be useful for States in assessing effectiveness and efficiency of State social service programs carried out with funds made available under this subchapter, such study to include consideration of Federal incentive payments as an option in rewarding States having high performance social service programs, and to report results of such study to Congress within one year after Aug. 13, 1981.

Notes of Decisions

Cited in 90 cases, 1976–2018 · leading case: Quern v. Mandley, 436 U.S. 725 (1978).

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Quern v. Mandley, 436 U.S. 725 (1978). · cites it 4× “Thus, the plan reflects not only the basic AFDC program of cash assistance defined in § 406 (b), but also Title XX social services, see §402 (a) (15) and 42 U. S. C. § 1397 et seq. (1970 ed., Supp.”

Bowen v. Massachusetts, 487 U.S. 879 (1988). · cites it 2× “867 , 42 U. S. C. § 1397 , although mandating payment by the United States for certain programs and services, does not create a cause of action for compensation for damages sustained by a State); Minnesota ex rel.”

Maryland Dep't of Human Resources v. Dep't of Health & Human Servs., 763 F.2d 1441 (D.C. Cir. 1985). · cites it 3× “42 U.S.C. §§ 1397 -1397Í (1976). HHS “disallowed a total of $207,350 of Federal Financial Participation (FFP) for the Title XX Training Program,” and directed Maryland to “report the amount of this allowance on line 10B of form SRS-OA41 for the quarter ended September 30, 1982.”

Planned Parenthood of Gulf Coast, Inc. v. Gee, 862 F.3d 445 (5th Cir. 2017). · cites it 2× “The United States contends that PPGC submitted false claims and made false statements to the United States in connection with claims that PPGC submitted to the United States under the Social Security Block Grant, Tide XX of the Social Security Act, 42 U.S.C. §§ 1397 et seq.…”

Patterson v. Planned Parenthood of Houston & Se. Texas, Inc., 971 S.W.2d 439 (Tex. 1998). · cites it 2× “§ 1396 (Medicaid), which provides medical care to the needy through a cooperative federal-state program; and (4) Title XX of the Social Security Act, 42 U.S.C. § 1397 , which provides block grants to the states for social services, including family planning.”

In Re Casey D., 82 Cal. Rptr. 2d 426 (Cal. Ct. App. 1999). “) and cites a statute providing the general purpose and authorization for block grants to states for social services ( 42 U.S.C. § 1397 ). She thus failed to meet her burden of showing error; she has failed to show any legal support for her assertion.”

Frederick L. v. Dep't of Pub. Welfare, 157 F. Supp. 2d 509 (E.D. Pa. 2001). · cites it 2× “Social services block grants, available under Title XX of the Social Security Act, 42 U.S.C. §§ 1397 -1397f (1994), provide funding for, inter alia, "preventing or reducing inappropriate institutional care by providing for community-based care, home-based care, or other forms of…”

Ruiz v. Blum, 549 F. Supp. 871 (S.D.N.Y. 1982). · cites it 4× “42 U.S.C. § 1397 et seq. 4 . N.Y. Social Serv.”

Rachel Moore v. Mississippi Valley State Univ., 871 F.2d 545 (5th Cir. 1989). “For purposes of funding under Title XX, 42 U.S.C. § 1397 et seq., Threadgill operated under the sponsorship of the Greenwood Housing Authority (Greenwood) during the 1982-83 school year.”

Sockwell v. Maloney, 431 F. Supp. 1006 (D. Conn. 1976). · cites it 3× “10 , 1 which require written notice and a hearing before termination of foster care benefits provided by a state operating under a Title IV-A plan; and 3) defendant Maher has violated Title XX of the Social Security Act, 42 U.S.C. § 1397 et seq., and the regulations thereunder,…”

Wee Care Child Ctr., Inc. v. Lumpkin, 680 F.3d 841 (6th Cir. 2012). “See 42 U.S.C. § 1397 et seq. In May or June 2006, the Franklin County Department of Job and Family Services (“FCDJFS”) — the agency responsible for distributing and negotiating Title XX funding contracts — decided to discontinue providing public assistance for Wee Care’s child…”

Colorado Gen. Assembly v. Lamm, 738 P.2d 1156 (Colo. 1987). · cites it 2× “IV 1974), and Title XX of the Social Security Act, 42 U.S.C. § 1397 (Supp. IV 1974). Congress directed most of the early block grants to local governments rather than to the states.”

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