[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8328 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 8328
To establish grants to provide education on guardianship alternatives
for older adults and people with disabilities to health care workers,
educators, family members, and court workers and court-related
personnel.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 8, 2024
Ms. Scanlon introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on
Education and the Workforce, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To establish grants to provide education on guardianship alternatives
for older adults and people with disabilities to health care workers,
educators, family members, and court workers and court-related
personnel.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alternatives to Guardianship
Education Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Guardianship, although at times necessary, can
negatively affect the person under guardianship by reducing or
eliminating their self-determination and autonomy.
(2) Although State courts and State laws attempt to provide
some procedures to appoint trustworthy guardians, incidents of
physical, financial, emotional, psychological, and other types
of abuse have occurred to people under guardianship
arrangements.
(3) Once guardianship arrangements are in place,
restoration of rights rarely occurs.
(4) Less restrictive options to guardianship, such as
supported decisionmaking and advance directives, offer ways to
help people make decisions without losing their independence.
(5) Awareness of guardianship alternatives by personnel
that interact with individuals facing guardianship
determinations, including health care workers, educators,
family members, and court workers and court-related personnel,
may help reduce unnecessary guardianship arrangements and
preserve decisionmaking rights.
(6) Families and disability support personnel have reported
that they have limited awareness of guardianship alternatives.
(b) Purpose.--The purpose of this Act is to improve the awareness
of guardianship alternatives, for health care workers, educators,
family members, and court workers and court-related personnel, through
education programs.
SEC. 3. DEFINITIONS.
In this Act:
(1) Aging agency.--The term ``aging agency'' means an
organization that represents older adults, and that may have
experience in serving family members of such adults.
(2) Disability.--The term ``disability'' has the meaning
given that term in section 3 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102).
(3) Disability agency.--The term ``disability agency''
means an organization serving people with disabilities that--
(A) is operated by a board, on which--
(i) a majority of the members are people
with disabilities or their family members; and
(ii) the number of members on the board who
are people with disabilities is greater than
the number of members on the board who are
family members;
(B) has an advisory panel or council, on which--
(i) a majority of the members are people
with disabilities or their family members; and
(ii) the number of members on the board who
are people with disabilities is greater than
the number of members on the board who are
family members; or
(C) has employees, a majority of whom are people
with disabilities.
(4) Guardianship.--The term ``guardianship'' means--
(A) a protective arrangement resulting from the
process by which a State court determines that an adult
individual lacks capacity to make decisions about self-
care, finances, property, or personal affairs, and
appoints another individual or entity known as a
guardian, as a conservator, or by a similar term, as a
surrogate decisionmaker;
(B) a protective arrangement in which the court-
appointed surrogate decisionmaker carries out duties to
the individual and the court; or
(C) a protective arrangement in which the court
exercises oversight of the surrogate decisionmaker.
(5) Indian tribe.--The term ``Indian Tribe'' has the
meaning given that term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(6) Legal services agency.--The term ``legal services
agency'' means a public or nonprofit organization that has
experience providing legal services to low-income older adults
or adults with disabilities.
(7) Older adult.--The term ``older adult'' has the meaning
given the term ``older individual'' as defined in section 102
of the Older Americans Act of 1965 (42 U.S.C. 3002).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services, acting through the Administrator
of the Administration for Community Living.
(9) State.--The term ``State'' means any of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Marianas.
TITLE I--GUARDIANSHIP ALTERNATIVES EDUCATION FOR HEALTH CARE WORKERS
SEC. 101. DEFINITIONS.
In this title:
(1) Eligible entity.--The term ``eligible entity'' means a
partnership (established by a disability agency, legal services
agency, or aging agency)--
(A) that includes--
(i) that disability agency, legal services
agency, or aging agency; and
(ii) at least one health care entity,
department of such an entity, or specialty
office of such an entity, that has frequent
contact with people with disabilities or older
adults, including--
(I) a primary care clinic,
including a Federally qualified health
center or rural health clinic (as such
terms are defined in section 1861(aa)
of the Social Security Act (42 U.S.C.
1395x(aa)));
(II) an emergency department;
(III) a long-term care provider;
(IV) a pediatric office;
(V) a rehabilitation center;
(VI) a geriatrician office;
(VII) a neurology office; or
(VIII) an entity providing a
training program for health care
workers in any specialty listed in this
subparagraph; and
(B) for which the establishing agency has
memorialized the establishment, membership, and
functions of the partnership in the form of a letter of
support, memorandum of understanding, or similar
document.
(2) Health care workers.--The term ``health care workers''
means staff with direct contact with patients in health care
settings, including physicians, advanced practice providers,
nurses, medical assistants, social workers, health care
administrators, dentists, dental hygiene professionals,
receptionists, and mental health professionals.
SEC. 102. GRANT PROGRAM.
(a) In General.--The Secretary shall make grants, on a competitive
basis, to eligible entities in States, and to eligible entities that
serve Indian Tribes, to enable the recipients to carry out guardianship
alternatives education programs for health care workers.
(b) Term.--The Secretary may make such a grant for a first term of
3 years. An eligible entity may seek renewal of, and the Secretary may
make, such a grant for a second term of 3 years, in order to expand
service delivery of the education program to health care workers.
SEC. 103. APPLICATIONS.
To be eligible to receive a grant under this title, an entity shall
submit an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require,
including--
(1) information identifying the target population to
receive instruction, and a projected number of participants in
and graduates of the education program to be carried out under
the grant;
(2) a needs assessment, identifying the need for
guardianship alternatives education for the target population
proposed;
(3) information identifying who will facilitate the related
instruction;
(4) a description of how the entity will conduct outreach
to health care workers for the education program;
(5) a description of learning objectives for the education
program;
(6) a description of activities to be carried out under the
grant;
(7) an evaluation plan for the education program;
(8) a timeline for establishing and carrying out the
education program;
(9) information that demonstrates the instructors'
knowledge of guardianship alternatives and experience in
conducting education and training programs for the public;
(10) information describing the format for the instruction,
which may be in-person, online, or hybrid, and how the
instruction and related materials will be accessible by all
participants; and
(11) a description of how the entity will, to the best of
its ability, ensure the education program reaches populations
from diverse backgrounds and communities and underserved
demographic populations (such as an underserved race,
ethnicity, gender, gender identity, sexual orientation, age, or
type of disability).
SEC. 104. USE OF FUNDS.
(a) Required Uses.--An eligible entity that receives a grant under
this title shall use the grant funds for--
(1) implementing an education program to enhance the
awareness of alternatives to guardianship for health care
workers; and
(2) ensuring that the guardianship alternatives education
program--
(A) discusses the background of guardianship, the
possible consequences of unnecessary guardianship, and
the need for guardianship alternatives;
(B) covers the various guardianship alternatives
available in the State or States involved;
(C) includes a curriculum tailored to the needs of
the target population;
(D) includes, to the best of its ability,
instructors with a diverse range of disabilities as
instructors or speakers;
(E) provides the instruction and related materials
for the education program in accessible formats; and
(F) includes, to the best of its ability, methods
to reach populations from diverse backgrounds and
communities and underserved demographic populations
(such as an underserved race, ethnicity, gender, gender
identity, sexual orientation, age, or type of
disability).
(b) Allowable Uses.--The eligible entity may use the grant funds
for--
(1) recruiting individuals to receive guardianship
alternatives education;
(2) modifying a curriculum for the education program;
(3) creating accessible materials for the education
program, such as materials with Communication Access Realtime
Translation, with American Sign Language, in Braille, in plain
language, and in other appropriate formats;
(4) transporting individuals enrolled in the education
program to and from the instructional sessions;
(5) providing child care during the instructional sessions
for people in attendance;
(6) conducting website management for the education
program;
(7) translating recruitment and instructional materials for
the education program;
(8) providing payment for venue for in-person instruction;
(9) providing payment for costs of arranging for
professional continuing education credits;
(10) providing reasonable food and beverages for in-person
instruction;
(11) expanding or adapting an existing (as of the date of
submission of the application for the grant) guardianship
alternatives education program; or
(12) providing payment for instructors (including guest
instructors) and speakers.
TITLE II--GUARDIANSHIP ALTERNATIVES EDUCATION FOR EDUCATORS
SEC. 201. DEFINITIONS.
In this title:
(1) Educators.--The term ``educators'' means teachers and
other staff (as defined in section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801)), in a public
or private elementary school or secondary school, that have
contact with students with disabilities and their caregivers,
including--
(A) teachers;
(B) special education teachers;
(C) special education directors;
(D) transition coordinators;
(E) State qualified vocational rehabilitation
counselors, as defined in section 100(a)(3)(E) of the
Rehabilitation Act of 1973 (29 U.S.C. 720(a)(3)(E));
(F) any person providing pre-employment transition
services, as defined in section 7 of the Rehabilitation
Act of 1973 (29 U.S.C. 705);
(G) paraprofessionals;
(H) school social workers;
(I) school psychologists;
(J) school counselors;
(K) educational diagnosticians;
(L) specialized instructional support personnel, as
defined in that section 8101; and
(M) staff of a training program for an occupation
described in any of subparagraphs (A) through (L).
(2) Elementary school; secondary school.--The terms
``elementary school'' and ``secondary school'' have the
meanings given the terms in section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
(3) Eligible entity.--The term ``eligible entity'' means a
partnership (established by a disability agency or legal
services agency)--
(A) that includes--
(i) that disability agency or legal
services agency; and
(ii) a local educational agency, or a
public or private elementary school or
secondary school, that employs educators; and
(B) for which the establishing agency has
memorialized the establishment, membership, and
functions of the partnership in the form of a letter of
support, memorandum of understanding, or similar
document.
SEC. 202. GRANT PROGRAM.
(a) In General.--The Secretary shall make grants, on a competitive
basis, to eligible entities in States, and to eligible entities that
serve Indian Tribes, to enable the recipients to carry out guardianship
alternatives education programs for educators.
(b) Term.--The Secretary may make such a grant for a first term of
3 years. An eligible entity may seek renewal of, and the Secretary may
make, such a grant for a second term of 3 years, in order to expand
service delivery of the education program to educators.
SEC. 203. APPLICATIONS.
To be eligible to receive a grant under this title, an entity shall
submit an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require,
including--
(1) information identifying the target population to
receive instruction, and a projected number of participants in
and graduates of the education program to be carried out under
the grant;
(2) a needs assessment, identifying the need for
guardianship alternatives education for the target population;
(3) information identifying who will facilitate the related
instruction;
(4) a description of how the entity will conduct outreach
to educators for the education program;
(5) a description of learning objectives for the education
program;
(6) a description of activities to be carried out under the
grant;
(7) an evaluation plan for the education program;
(8) a timeline for establishing and carrying out the
education program;
(9) information that demonstrates the instructors'
knowledge of guardianship alternatives and experience in
conducting education and training programs for the public; and
(10) information describing the format for the instruction,
which may be in-person, online, or hybrid, and how the
instruction and related materials will be accessible by all
participants.
SEC. 204. USE OF FUNDS.
(a) Required Uses.--An eligible entity that receives a grant under
this title shall use the grant funds for implementing an education
program to enhance the awareness of alternatives to guardianship for
educators and ensuring that the education program meets the
requirements of section 104(a)(2).
(b) Allowable Uses.--The eligible entity may use the grant fund