HF 788

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to children; directing local advisory 
  1.3             councils to develop outcomes and implement plans for 
  1.4             the prevention and early identification, referral, and 
  1.5             treatment of children's mental health disorders; 
  1.6             expanding the role of school preassessment teams to 
  1.7             include responsibility for addressing reports of 
  1.8             students' mental health disorders; providing school 
  1.9             grants for developing guidelines, goals, and plans to 
  1.10            manage secondary students' mental health disorders; 
  1.11            appropriating money; amending Minnesota Statutes 2000, 
  1.12            sections 121A.17, subdivision 3; 121A.25, by adding a 
  1.13            subdivision; 121A.26; 121A.27; 121A.29, subdivision 1; 
  1.14            124D.23, subdivision 1; 245.487, subdivision 3; 
  1.15            245.4873, subdivision 3; 245.4875, subdivisions 2, 5, 
  1.16            and by adding subdivisions; 245.493, subdivision 2; 
  1.17            626.556, subdivision 2; proposing coding for new law 
  1.18            in Minnesota Statutes, chapter 121A. 
  1.19  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.20     Section 1.  Minnesota Statutes 2000, section 121A.17, 
  1.21  subdivision 3, is amended to read: 
  1.22     Subd. 3.  [SCREENING PROGRAM.] (a) A screening program must 
  1.23  include at least the following components:  developmental 
  1.24  assessments, screening for mental health disorders, hearing and 
  1.25  vision screening or referral, immunization review and referral, 
  1.26  the child's height and weight, identification of risk factors 
  1.27  that may influence learning, an interview with the parent about 
  1.28  the child, and referral for assessment, diagnosis, and treatment 
  1.29  when potential needs are identified.  The district and the 
  1.30  person performing or supervising the screening must provide a 
  1.31  parent or guardian with clear written notice that the parent or 
  1.32  guardian may decline to answer questions or provide information 
  2.1   about family circumstances that might affect development and 
  2.2   identification of risk factors that may influence learning.  The 
  2.3   notice must clearly state that declining to answer questions or 
  2.4   provide information does not prevent the child from being 
  2.5   enrolled in kindergarten or first grade if all other screening 
  2.6   components are met.  If a parent or guardian is not able to read 
  2.7   and comprehend the written notice, the district and the person 
  2.8   performing or supervising the screening must convey the 
  2.9   information in another manner.  The notice must also inform the 
  2.10  parent or guardian that a child need not submit to the district 
  2.11  screening program if the child's health records indicate to the 
  2.12  school that the child has received comparable developmental 
  2.13  screening performed within the preceding 365 days by a public or 
  2.14  private health care organization or individual health care 
  2.15  provider.  The notice must be given to a parent or guardian at 
  2.16  the time the district initially provides information to the 
  2.17  parent or guardian about screening and must be given again at 
  2.18  the screening location.  
  2.19     (b) All screening components shall be consistent with the 
  2.20  standards of the state commissioner of health for early 
  2.21  developmental screening programs.  A developmental screening 
  2.22  program must not provide laboratory tests or a physical 
  2.23  examination to any child.  The district must request from the 
  2.24  public or private health care organization or the individual 
  2.25  health care provider the results of any laboratory test or 
  2.26  physical examination within the 12 months preceding a child's 
  2.27  scheduled screening.  
  2.28     (c) If a child is without health coverage, the school 
  2.29  district must refer the child to an appropriate health care 
  2.30  provider.  
  2.31     (d) A board may offer additional components such as 
  2.32  nutritional, physical and dental assessments, review of family 
  2.33  circumstances that might affect development, blood pressure, 
  2.34  laboratory tests, and health history.  
  2.35     (e) If a statement signed by the child's parent or guardian 
  2.36  is submitted to the administrator or other person having general 
  3.1   control and supervision of the school that the child has not 
  3.2   been screened because of conscientiously held beliefs of the 
  3.3   parent or guardian, the screening is not required.  
  3.4      Sec. 2.  [121A.215] [SCHOOL MENTAL HEALTH SERVICES.] 
  3.5      A school board may collaborate with local children's mental 
  3.6   health collaboratives, local mental health professionals, 
  3.7   community mental health centers, local public health boards, and 
  3.8   other appropriate individuals and organizations to enable mental 
  3.9   health professionals or mental health practitioners to provide 
  3.10  in-school mental health services and treatment to students, with 
  3.11  a focus on prevention and early intervention.  A school board 
  3.12  may apply to the commissioner for grant funds for the colocation 
  3.13  and provision of mental health services and treatment, using a 
  3.14  grant process established by the commissioner. 
  3.15     Sec. 3.  Minnesota Statutes 2000, section 121A.25, is 
  3.16  amended by adding a subdivision to read: 
  3.17     Subd. 3a.  [MENTAL HEALTH DISORDER.] "Mental health 
  3.18  disorder" means an organic disorder of the brain or a clinically 
  3.19  significant disorder of thought, mood, perception, orientation, 
  3.20  memory, or behavior that: 
  3.21     (1) is listed in the clinical manual of the International 
  3.22  Classification of Disease (ICD-9-CM), current edition, code 
  3.23  range 290.0 to 302.99 or 306.0 to 316.0 or the corresponding 
  3.24  code in the American Psychiatric Association's Diagnostic and 
  3.25  Statistical Manual of Mental Disorders (DSM-MD), current 
  3.26  edition, Axes I, II, or III; and 
  3.27     (2) seriously limits a child's capacity to function in 
  3.28  primary aspects of daily living such as personal relations, 
  3.29  living arrangements, work, school, and recreation.  
  3.30     Sec. 4.  Minnesota Statutes 2000, section 121A.26, is 
  3.31  amended to read: 
  3.32     121A.26 [SCHOOL PREASSESSMENT TEAMS.] 
  3.33     Every public school, and every nonpublic school that 
  3.34  participates in a school district chemical abuse and mental 
  3.35  health disorder program shall establish a chemical abuse and 
  3.36  mental health disorder preassessment team.  The preassessment 
  4.1   team must be composed of classroom teachers, administrators, a 
  4.2   family school coordinator designated under section 124D.23, and 
  4.3   to the extent they exist in each school, school nurse, school 
  4.4   counselor or psychologist, social worker, chemical abuse 
  4.5   specialist, and other appropriate professional staff.  The 
  4.6   superintendents or their designees shall designate the team 
  4.7   members in the public schools.  The preassessment team is 
  4.8   responsible for addressing reports of chemical abuse and mental 
  4.9   health disorder problems and making recommendations for 
  4.10  appropriate responses to the individual reported cases.  Team 
  4.11  members shall receive notice concerning ongoing events affecting 
  4.12  individual reported cases on a need-to-know basis.  
  4.13     Within 45 days after receiving an individual reported case, 
  4.14  the preassessment team shall make a determination whether to 
  4.15  provide the student and, in the case of a minor, the student's 
  4.16  parents with information about school and community services in 
  4.17  connection with chemical abuse or mental health disorders.  Data 
  4.18  may be disclosed without consent in health and safety 
  4.19  emergencies pursuant to section 13.32 and applicable federal law 
  4.20  and regulations.  
  4.21     Notwithstanding section 138.163, destruction of records 
  4.22  identifying individual students shall be governed by this 
  4.23  section.  If the preassessment team decides not to provide a 
  4.24  student and, in the case of a minor, the student's parents with 
  4.25  information about school or community services in connection 
  4.26  with chemical abuse or mental health disorders, records created 
  4.27  or maintained by the preassessment team about the student shall 
  4.28  be destroyed not later than six months after the determination 
  4.29  is made.  If the preassessment team decides to provide a student 
  4.30  and, in the case of a minor, the student's parents with 
  4.31  information about school or community services in connection 
  4.32  with chemical abuse or mental health disorders, records created 
  4.33  or maintained by the preassessment team about the student shall 
  4.34  be destroyed not later than six months after the student is no 
  4.35  longer enrolled in the district. 
  4.36     Sec. 5.  Minnesota Statutes 2000, section 121A.27, is 
  5.1   amended to read: 
  5.2      121A.27 [SCHOOL AND COMMUNITY ADVISORY TEAM.] 
  5.3      The superintendent, with the advice of the school board, 
  5.4   shall establish a school and community advisory team to address 
  5.5   chemical abuse and mental health disorder problems in the 
  5.6   district.  The school and community advisory team must be 
  5.7   composed of representatives from the school preassessment team 
  5.8   established in section 121A.26, to the extent possible, law 
  5.9   enforcement agencies, county attorney's office, social service 
  5.10  agencies, chemical abuse treatment programs, mental health 
  5.11  disorder programs, parents, and the business community.  The 
  5.12  community advisory team shall: 
  5.13     (1) build awareness of the problem within the community, 
  5.14  identify available treatment and counseling programs for 
  5.15  students and develop good working relationships and enhance 
  5.16  communication between the schools and other community agencies; 
  5.17  and 
  5.18     (2) develop a written procedure clarifying the notification 
  5.19  process to be used by the chemical abuse and mental health 
  5.20  disorder preassessment team established under section 121A.26 
  5.21  when a student is believed to be in possession of or under the 
  5.22  influence of alcohol or a controlled substance, or is exhibiting 
  5.23  behavior that is potentially harmful to the student or others.  
  5.24  The procedure must include contact with the student, and the 
  5.25  student's parents or guardian in the case of a minor student.  
  5.26     Sec. 6.  Minnesota Statutes 2000, section 121A.29, 
  5.27  subdivision 1, is amended to read: 
  5.28     Subdivision 1.  [TEACHER'S DUTY.] A teacher in a nonpublic 
  5.29  school participating in a school district chemical use and 
  5.30  mental health disorder program, or a public school teacher, who 
  5.31  knows or has reason to believe that a student is using, 
  5.32  possessing, or transferring alcohol or a controlled substance 
  5.33  while on the school premises or involved in school-related 
  5.34  activities, or whose behavior is potentially harmful to the 
  5.35  student or others, shall immediately notify the school's 
  5.36  chemical abuse and mental health disorder preassessment team of 
  6.1   this information.  A teacher who complies with this section 
  6.2   shall be defended and indemnified under section 466.07, 
  6.3   subdivision 1, in any action for damages arising out of the 
  6.4   compliance. 
  6.5      Sec. 7.  Minnesota Statutes 2000, section 124D.23, 
  6.6   subdivision 1, is amended to read: 
  6.7      Subdivision 1.  [ESTABLISHMENT.] (a) In order to qualify as 
  6.8   a family services collaborative, a minimum of one school 
  6.9   district, one county, one public health entity, one community 
  6.10  action agency as defined in section 119A.375, and one Head Start 
  6.11  grantee if the community action agency is not the designated 
  6.12  federal grantee for the Head Start program must agree in writing 
  6.13  to provide coordinated family services and commit resources to 
  6.14  an integrated fund.  Collaboratives are expected to have broad 
  6.15  community representation, which may include other local 
  6.16  providers, including additional school districts, counties, and 
  6.17  public health entities, other municipalities, public libraries, 
  6.18  existing culturally specific community organizations, tribal 
  6.19  entities, local health organizations, private and nonprofit 
  6.20  service providers, child care providers, a local children's 
  6.21  mental health service system provider, local foundations, 
  6.22  community-based service groups, businesses, local transit 
  6.23  authorities or other transportation providers, community action 
  6.24  agencies under section 119A.375, senior citizen volunteer 
  6.25  organizations, parent organizations, parents, and sectarian 
  6.26  organizations that provide nonsectarian services. 
  6.27     (b) Members of the governing bodies of political 
  6.28  subdivisions involved in the establishment of a family services 
  6.29  collaborative shall select representatives of the 
  6.30  nongovernmental entities listed in paragraph (a) to serve on the 
  6.31  governing board of a collaborative.  The governing body members 
  6.32  of the political subdivisions shall select one or more 
  6.33  representatives of the nongovernmental entities within the 
  6.34  family service collaborative. 
  6.35     Sec. 8.  Minnesota Statutes 2000, section 245.487, 
  6.36  subdivision 3, is amended to read: 
  7.1      Subd. 3.  [MISSION OF CHILDREN'S MENTAL HEALTH SERVICE 
  7.2   SYSTEM.] As part of the comprehensive children's mental health 
  7.3   system established under sections 245.487 to 245.4888, the 
  7.4   commissioner of human services shall create and ensure a 
  7.5   unified, accountable, comprehensive children's mental health 
  7.6   service system that is consistent with the provision of public 
  7.7   social services for children as specified in section 256F.01 and 
  7.8   that: 
  7.9      (1) identifies children who are eligible for mental health 
  7.10  services; 
  7.11     (2) makes preventive services available to all children; 
  7.12     (3) assures access to a continuum of services that: 
  7.13     (i) educate the community about the mental health needs of 
  7.14  children; 
  7.15     (ii) address the unique physical, emotional, social, and 
  7.16  educational needs of children; 
  7.17     (iii) are coordinated with the range of social and human 
  7.18  services provided to children and their families by the 
  7.19  departments of children, families, and learning, human services, 
  7.20  health, and corrections; 
  7.21     (iv) are appropriate to the developmental needs of 
  7.22  children; and 
  7.23     (v) are sensitive and give priority to cultural differences 
  7.24  and special needs; 
  7.25     (4) includes early screening and prompt intervention to: 
  7.26     (i) identify and treat the mental health needs of children 
  7.27  in the least restrictive setting appropriate to their needs; and 
  7.28     (ii) prevent further deterioration; 
  7.29     (5) provides mental health services to children and their 
  7.30  families in the context in which the children live and go to 
  7.31  school; 
  7.32     (6) addresses the unique problems of paying for mental 
  7.33  health services for children, including: 
  7.34     (i) access to private insurance coverage; and 
  7.35     (ii) public funding; 
  7.36     (7) includes the child and the child's family in planning 
  8.1   the child's program of mental health services, unless clinically 
  8.2   inappropriate to the child's needs; and 
  8.3      (8) when necessary, assures a smooth transition from mental 
  8.4   health services appropriate for a child to mental health 
  8.5   services needed by a person who is at least 18 years of age. 
  8.6      Sec. 9.  Minnesota Statutes 2000, section 245.4873, 
  8.7   subdivision 3, is amended to read: 
  8.8      Subd. 3.  [LOCAL LEVEL COORDINATION.] (a) Each agency 
  8.9   represented in the local system of care coordinating council, 
  8.10  including mental health, social services, education, health, 
  8.11  corrections, and vocational services as specified in section 
  8.12  245.4875, subdivision 6, is responsible for local coordination 
  8.13  and delivery of mental health services for children.  The county 
  8.14  board shall establish a coordinating council that provides at 
  8.15  least: 
  8.16     (1) written interagency agreements with the providers of 
  8.17  the local system of care to coordinate the delivery of services 
  8.18  to children; and 
  8.19     (2) an annual report of the council to the local county 
  8.20  board and the children's mental health advisory council about 
  8.21  the unmet children's needs and service priorities.  
  8.22     (b) Each coordinating council shall collect information 
  8.23  about the local system of care and report annually to the 
  8.24  commissioner of human services on forms and in the manner 
  8.25  provided by the commissioner.  The report must include a 
  8.26  description of the services provided through each of the service 
  8.27  systems represented on the council, the various sources of 
  8.28  funding for services and the amounts actually expended, a 
  8.29  description of the numbers and characteristics of the children 
  8.30  and families served during the previous year, and an estimate of 
  8.31  unmet needs.  Each service system represented on the council 
  8.32  shall provide information to the council as necessary to compile 
  8.33  the report. 
  8.34     (c) A local advisory council under section 245.4875, 
  8.35  subdivision 5, shall perform the activities specified in section 
  8.36  245.4875, subdivisions 1a, 1b, 1c, 1d, and 1e, unless: 
  9.1      (1) the local advisory council designates a local 
  9.2   children's mental health collaborative established under section 
  9.3   245.493 to perform the activities in this section; or 
  9.4      (2) a local advisory council has not been established in a 
  9.5   region of the state and a local children's mental health 
  9.6   collaborative has been established under section 245.493, in 
  9.7   which case the local children's mental health collaborative 
  9.8   shall perform the activities in this section. 
  9.9      Sec. 10.  Minnesota Statutes 2000, section 245.4875, is 
  9.10  amended by adding a subdivision to read: 
  9.11     Subd. 1a.  [IDENTIFICATION; REFERRAL; TREATMENT.] A local 
  9.12  advisory council must develop general and individual outcomes 
  9.13  and implement plans to provide for the early identification of, 
  9.14  referral for, and treatment of children with mental health 
  9.15  disorders.  The local advisory council may develop and implement 
  9.16  separate plans for different age groups of children.  The local 
  9.17  advisory council must structure the outcomes and related plans 
  9.18  to readily permit an independent contractor to evaluate the 
  9.19  efficacy of the outcomes.  The local advisory council may serve 
  9.20  as the contract provider or may contract with one or more other 
  9.21  organizations to serve as the contract provider.  When 
  9.22  appropriate, the district and the person performing or 
  9.23  supervising screenings for mental health disorders under section 
  9.24  121A.17, subdivision 3, must provide the contract provider the 
  9.25  results of that screening and other relevant information.  
  9.26  Children from birth to age 18 or until they graduate from high 
  9.27  school, whichever is later, are eligible to receive services 
  9.28  under this section, but no person over age 21 may receive 
  9.29  services.  
  9.30     Sec. 11.  Minnesota Statutes 2000, section 245.4875, is 
  9.31  amended by adding a subdivision to read: 
  9.32     Subd. 1b.  [OUTCOMES.] General outcomes that a local 
  9.33  advisory council develops under subdivision 2 must encompass: 
  9.34     (1) helping to identify students at risk of mental illness 
  9.35  or chemical abuse; 
  9.36     (2) working with local public health agencies to screen 
 10.1   students for treatable problems; 
 10.2      (3) making referrals for treatment services; 
 10.3      (4) assisting families in accessing appropriate services; 
 10.4      (5) advocating for appropriate diagnostic and treatment 
 10.5   services from providers and third party payers; 
 10.6      (6) identifying the needs of parents and other family 
 10.7   members and assisting them in receiving appropriate services; 
 10.8      (7) identifying gaps in services and assisting families in 
 10.9   overcoming those gaps; 
 10.10     (8) collecting student data for purposes of establishing 
 10.11  baseline information and providing outcome data, consistent with 
 10.12  state and federal data practices laws; 
 10.13     (9) assisting in coordinating services with on-site health, 
 10.14  mental health, and chemical health service providers; 
 10.15     (10) providing preventive interventions; 
 10.16     (11) assisting in developing culturally appropriate 
 10.17  interagency treatment plans and coordinating services between 
 10.18  public and private sector providers serving a particular at-risk 
 10.19  student; 
 10.20     (12) providing staff development training to school or 
 10.21  school district staff regarding the coordination of local 
 10.22  services; 
 10.23     (13) promoting parent education and involvement; and 
 10.24     (14) attending school meetings involving at-risk students, 
 10.25  at parents' request.  
 10.26     Sec. 12.  Minnesota Statutes 2000, section 245.4875, is 
 10.27  amended by adding a subdivision to read: 
 10.28     Subd. 1c.  [MENTAL HEALTH COORDINATORS.] As part of the 
 10.29  plans implemented under subdivision 2, the commissioner of human 
 10.30  services shall designate one or more qualified individuals among 
 10.31  existing staff as mental health coordinators and shall 
 10.32  coordinate with the local advisory council on the provision of 
 10.33  services.  Persons designated as mental health coordinators 
 10.34  shall work with students with mental health disorders and their 
 10.35  families, teachers, and other mental health professionals to 
 10.36  identify and coordinate services for the students and their 
 11.1   families, and to achieve other outcomes specified in subdivision 
 11.2   3. 
 11.3      Sec. 13.  Minnesota Statutes 2000, section 245.4875, is 
 11.4   amended by adding a subdivision to read: 
 11.5      Subd. 1d.  [TECHNICAL ASSISTANCE.] The state departments of 
 11.6   children, families, and learning, human services, health, and 
 11.7   corrections, upon request, must provide technical assistance to 
 11.8   the contract provider under subdivision 2. 
 11.9      Sec. 14.  Minnesota Statutes 2000, section 245.4875, is 
 11.10  amended by adding a subdivision to read: 
 11.11     Subd. 1e.  [PAYMENT FROM OTHER SOURCES.] The contract 
 11.12  provider under subdivision 2 must make every effort to obtain 
 11.13  payment from all public and private sources obligated to pay for 
 11.14  services provided under this section to children with mental 
 11.15  health disorders, including health plan companies as defined in 
 11.16  section 62Q.01, subdivision 4, any other issuer or sponsor of a 
 11.17  plan of health coverage of any kind, and other third party 
 11.18  payers.  
 11.19     Sec. 15.  Minnesota Statutes 2000, section 245.4875, 
 11.20  subdivision 2, is amended to read: 
 11.21     Subd. 2.  [CHILDREN'S MENTAL HEALTH SERVICES.] The 
 11.22  children's mental health service system developed by each county 
 11.23  board must include the following services:  
 11.24     (1) education and prevention and early intervention 
 11.25  services according to section 245.4877; 
 11.26     (2) mental health identification and intervention services 
 11.27  according to section 245.4878; 
 11.28     (3) emergency services according to section 245.4879; 
 11.29     (4) outpatient services according to section 245.488; 
 11.30     (5) family community support services according to section 
 11.31  245.4881; 
 11.32     (6) day treatment services according to section 245.4884, 
 11.33  subdivision 2; 
 11.34     (7) residential treatment services according to section 
 11.35  245.4882; 
 11.36     (8) acute care hospital inpatient treatment services 
 12.1   according to section 245.4883; 
 12.2      (9) screening according to section 245.4885; 
 12.3      (10) case management according to section 245.4881; 
 12.4      (11) therapeutic support of foster care according to 
 12.5   section 245.4884, subdivision 4; and 
 12.6      (12) professional home-based family treatment according to 
 12.7   section 245.4884, subdivision 4. 
 12.8      Sec. 16.  Minnesota Statutes 2000, section 245.4875, 
 12.9   subdivision 5, is amended to read: 
 12.10     Subd. 5.  [LOCAL CHILDREN'S ADVISORY COUNCIL.] (a) By 
 12.11  October 1, 1989, the county board, individually or in 
 12.12  conjunction with other county boards, shall establish a local 
 12.13  children's mental health advisory council or children's mental 
 12.14  health subcommittee of the existing local mental health advisory 
 12.15  council or shall include persons on its existing mental health 
 12.16  advisory council who are representatives of children's mental 
 12.17  health interests.  The following individuals must serve on the 
 12.18  local children's mental health advisory council, the children's 
 12.19  mental health subcommittee of an existing local mental health 
 12.20  advisory council, or be included on an existing mental health 
 12.21  advisory council:  (1) at least one person who was in a mental 
 12.22  health program as a child or adolescent; (2) at least one parent 
 12.23  of a child or adolescent parents of children or adolescents with 
 12.24  severe emotional disturbance; (3) one children's mental health 
 12.25  professional; (4) representatives of minority populations of 
 12.26  significant size residing in the county; (5) a representative of 
 12.27  the children's mental health local coordinating council; and (6) 
 12.28  a representative of a local advisory council or local children's 
 12.29  mental health collaborative that provides coordinated mental 
 12.30  health services under section 124D.23; and (7) one family 
 12.31  community support services program representative.  At least 50 
 12.32  percent of the council's or subcommittee's members must be 
 12.33  parents of children or adolescents with severe emotional 
 12.34  disturbance.  
 12.35     (b) The local children's mental health advisory council or 
 12.36  children's mental health subcommittee of an existing advisory 
 13.1   council shall seek input from parents, former consumers, 
 13.2   providers, and others about the needs of children with emotional 
 13.3   disturbance in the local area and services needed by families of 
 13.4   these children, and shall meet monthly, unless otherwise 
 13.5   determined by the council or subcommittee, but not less than 
 13.6   quarterly, to review, evaluate, and make recommendations 
 13.7   regarding the local children's mental health system.  Annually, 
 13.8   the local children's mental health advisory council or 
 13.9   children's mental health subcommittee of the existing local 
 13.10  mental health advisory council shall: 
 13.11     (1) arrange for input from the local system of care 
 13.12  providers regarding coordination of care between the services; 
 13.13     (2) identify for the county board the individuals, 
 13.14  providers, agencies, and associations as specified in section 
 13.15  245.4877, clause (2); and 
 13.16     (3) provide to the county board a report of unmet mental 
 13.17  health needs of children residing in the county to be included 
 13.18  in the county's biennial children's mental health component of 
 13.19  the community social services plan required under section 
 13.20  256E.09, and participate in developing the mental health 
 13.21  component of the plan. 
 13.22     (c) The county board shall consider the advice of its local 
 13.23  children's mental health advisory council or children's mental 
 13.24  health subcommittee of the existing local mental health advisory 
 13.25  council in carrying out its authorities and responsibilities. 
 13.26     (d) The children's cabinet under section 4.045 shall 
 13.27  oversee the operations of the advisory councils under this 
 13.28  section.  
 13.29     Sec. 17.  Minnesota Statutes 2000, section 245.493, 
 13.30  subdivision 2, is amended to read: 
 13.31     Subd. 2.  [GENERAL DUTIES OF THE LOCAL CHILDREN'S MENTAL 
 13.32  HEALTH COLLABORATIVES.] Each local children's mental health 
 13.33  collaborative must: 
 13.34     (1) notify the commissioner of human services within ten 
 13.35  days of formation by signing a collaborative agreement and 
 13.36  providing the commissioner with a copy of the signed agreement; 
 14.1      (2) identify a service delivery area and an operational 
 14.2   target population within that service delivery area.  The 
 14.3   operational target population must be economically and 
 14.4   culturally representative of children in the service delivery 
 14.5   area to be served by the local children's mental health 
 14.6   collaborative.  The size of the operational target population 
 14.7   must also be economically viable for the service delivery area; 
 14.8      (3) seek to maximize federal revenues available to serve 
 14.9   children in the target population by designating local 
 14.10  expenditures for services for these children and their families 
 14.11  that can be matched with federal dollars; 
 14.12     (4) in consultation with the local children's advisory 
 14.13  council and the local coordinating council, if it is not the 
 14.14  local children's mental health collaborative, design, develop, 
 14.15  and ensure implementation of an integrated service system that 
 14.16  meets the requirements for state and federal reimbursement and 
 14.17  develop interagency agreements necessary to implement the 
 14.18  system; 
 14.19     (5) expand membership to include representatives of other 
 14.20  services in the local system of care including prepaid health 
 14.21  plans under contract with the commissioner of human services to 
 14.22  serve the needs of children in the target population and their 
 14.23  families; 
 14.24     (6) create or designate a management structure for fiscal 
 14.25  and clinical responsibility and outcome evaluation; 
 14.26     (7) spend funds generated by the local children's mental 
 14.27  health collaborative as required in sections 245.491 to 245.496; 
 14.28     (8) explore methods and recommend changes needed at the 
 14.29  state level to reduce duplication and promote coordination of 
 14.30  services including the use of uniform forms for reporting, 
 14.31  billing, and planning of services; 
 14.32     (9) submit its integrated service system design to the 
 14.33  children's cabinet for approval within one year of notifying the 
 14.34  commissioner of human services of its formation; 
 14.35     (10) provide an annual report that includes the elements 
 14.36  listed in section 245.494, subdivision 2, and the 
 15.1   collaborative's planned timeline to expand its operational 
 15.2   target population to the children's cabinet; and 
 15.3      (11) expand its operational target population; and 
 15.4      (12) carry out the activities in section 124D.23 to provide 
 15.5   coordinated mental health services if the family services 
 15.6   collaborative in the local children's mental health 
 15.7   collaborative's region designates the local children's mental 
 15.8   health collaborative to perform these duties, or if a family 
 15.9   services collaborative has not been established in a local 
 15.10  children's mental health collaborative's region of operation. 
 15.11     Each local children's mental health collaborative may 
 15.12  contract with the commissioner of human services to become a 
 15.13  medical assistance provider of mental health services according 
 15.14  to section 245.4933. 
 15.15     Sec. 18.  Minnesota Statutes 2000, section 626.556, 
 15.16  subdivision 2, is amended to read: 
 15.17     Subd. 2.  [DEFINITIONS.] As used in this section, the 
 15.18  following terms have the meanings given them unless the specific 
 15.19  content indicates otherwise: 
 15.20     (a) "Sexual abuse" means the subjection of a child by a 
 15.21  person responsible for the child's care, by a person who has a 
 15.22  significant relationship to the child, as defined in section 
 15.23  609.341, or by a person in a position of authority, as defined 
 15.24  in section 609.341, subdivision 10, to any act which constitutes 
 15.25  a violation of section 609.342 (criminal sexual conduct in the 
 15.26  first degree), 609.343 (criminal sexual conduct in the second 
 15.27  degree), 609.344 (criminal sexual conduct in the third degree), 
 15.28  609.345 (criminal sexual conduct in the fourth degree), or 
 15.29  609.3451 (criminal sexual conduct in the fifth degree).  Sexual 
 15.30  abuse also includes any act which involves a minor which 
 15.31  constitutes a violation of prostitution offenses under sections 
 15.32  609.321 to 609.324 or 617.246.  Sexual abuse includes threatened 
 15.33  sexual abuse.  
 15.34     (b) "Person responsible for the child's care" means (1) an 
 15.35  individual functioning within the family unit and having 
 15.36  responsibilities for the care of the child such as a parent, 
 16.1   guardian, or other person having similar care responsibilities, 
 16.2   or (2) an individual functioning outside the family unit and 
 16.3   having responsibilities for the care of the child such as a 
 16.4   teacher, school administrator, or other lawful custodian of a 
 16.5   child having either full-time or short-term care 
 16.6   responsibilities including, but not limited to, day care, 
 16.7   babysitting whether paid or unpaid, counseling, teaching, and 
 16.8   coaching.  
 16.9      (c) "Neglect" means: 
 16.10     (1) failure by a person responsible for a child's care to 
 16.11  supply a child with necessary food, clothing, shelter, health, 
 16.12  medical, or other care required for the child's physical or 
 16.13  mental health when reasonably able to do so; 
 16.14     (2) failure to protect a child from conditions or actions 
 16.15  which imminently and that seriously endanger the child's 
 16.16  physical or mental health when reasonably able to do so; 
 16.17     (3) failure to provide for necessary supervision or child 
 16.18  care arrangements appropriate for a child after considering 
 16.19  factors as the child's age, mental ability, physical condition, 
 16.20  length of absence, or environment, when the child is unable to 
 16.21  care for the child's own basic needs or safety, or the basic 
 16.22  needs or safety of another child in their care; 
 16.23     (4) failure to ensure that the child is educated as defined 
 16.24  in sections 120A.22 and 260C.163, subdivision 11; 
 16.25     (5) nothing in this section shall be construed to mean that 
 16.26  a child is neglected solely because the child's parent, 
 16.27  guardian, or other person responsible for the child's care in 
 16.28  good faith selects and depends upon spiritual means or prayer 
 16.29  for treatment or care of disease or remedial care of the child 
 16.30  in lieu of medical care; except that a parent, guardian, or 
 16.31  caretaker, or a person mandated to report pursuant to 
 16.32  subdivision 3, has a duty to report if a lack of medical care 
 16.33  may cause serious danger to the child's health.  This section 
 16.34  does not impose upon persons, not otherwise legally responsible 
 16.35  for providing a child with necessary food, clothing, shelter, 
 16.36  education, or medical care, a duty to provide that care; 
 17.1      (6) prenatal exposure to a controlled substance, as defined 
 17.2   in section 253B.02, subdivision 2, used by the mother for a 
 17.3   nonmedical purpose, as evidenced by withdrawal symptoms in the 
 17.4   child at birth, results of a toxicology test performed on the 
 17.5   mother at delivery or the child at birth, or medical effects or 
 17.6   developmental delays during the child's first year of life that 
 17.7   medically indicate prenatal exposure to a controlled substance; 
 17.8      (7) "medical neglect" as defined in section 260C.007, 
 17.9   subdivision 4, clause (5), and including the failure by a person 
 17.10  to provide a child with needed services for mental health 
 17.11  disorders or to ensure that the child receives such services; 
 17.12     (8) chronic and severe use of alcohol or a controlled 
 17.13  substance by a parent or person responsible for the care of the 
 17.14  child that adversely affects the child's basic needs and safety; 
 17.15  or 
 17.16     (9) emotional harm from a pattern of behavior which 
 17.17  contributes to impaired emotional functioning of the child which 
 17.18  may be demonstrated by a substantial and observable effect in 
 17.19  the child's behavior, emotional response, or cognition that is 
 17.20  not within the normal range for the child's age and stage of 
 17.21  development, with due regard to the child's culture. 
 17.22     (d) "Physical abuse" means any physical injury, mental 
 17.23  injury, or threatened injury, inflicted by a person responsible 
 17.24  for the child's care on a child other than by accidental means, 
 17.25  or any physical or mental injury that cannot reasonably be 
 17.26  explained by the child's history of injuries, or any aversive 
 17.27  and deprivation procedures that have not been authorized under 
 17.28  section 245.825.  Abuse does not include reasonable and moderate 
 17.29  physical discipline of a child administered by a parent or legal 
 17.30  guardian which does not result in an injury.  Actions which are 
 17.31  not reasonable and moderate include, but are not limited to, any 
 17.32  of the following that are done in anger or without regard to the 
 17.33  safety of the child: 
 17.34     (1) throwing, kicking, burning, biting, or cutting a child; 
 17.35     (2) striking a child with a closed fist; 
 17.36     (3) shaking a child under age three; 
 18.1      (4) striking or other actions which result in any 
 18.2   nonaccidental injury to a child under 18 months of age; 
 18.3      (5) unreasonable interference with a child's breathing; 
 18.4      (6) threatening a child with a weapon, as defined in 
 18.5   section 609.02, subdivision 6; 
 18.6      (7) striking a child under age one on the face or head; 
 18.7      (8) purposely giving a child poison, alcohol, or dangerous, 
 18.8   harmful, or controlled substances which were not prescribed for 
 18.9   the child by a practitioner, in order to control or punish the 
 18.10  child; or other substances that substantially affect the child's 
 18.11  behavior, motor coordination, or judgment or that results in 
 18.12  sickness or internal injury, or subjects the child to medical 
 18.13  procedures that would be unnecessary if the child were not 
 18.14  exposed to the substances; or 
 18.15     (9) unreasonable physical confinement or restraint not 
 18.16  permitted under section 609.379, including but not limited to 
 18.17  tying, caging, or chaining. 
 18.18     (e) "Report" means any report received by the local welfare 
 18.19  agency, police department, or county sheriff pursuant to this 
 18.20  section. 
 18.21     (f) "Facility" means a licensed or unlicensed day care 
 18.22  facility, residential facility, agency, hospital, sanitarium, or 
 18.23  other facility or institution required to be licensed under 
 18.24  sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or 
 18.25  chapter 245B; or a school as defined in sections 120A.05, 
 18.26  subdivisions 9, 11, and 13; and 124D.10; or a nonlicensed 
 18.27  personal care provider organization as defined in sections 
 18.28  256B.04, subdivision 16, and 256B.0625, subdivision 19a. 
 18.29     (g) "Operator" means an operator or agency as defined in 
 18.30  section 245A.02.  
 18.31     (h) "Commissioner" means the commissioner of human services.
 18.32     (i) "Assessment" includes authority to interview the child, 
 18.33  the person or persons responsible for the child's care, the 
 18.34  alleged perpetrator, and any other person with knowledge of the 
 18.35  abuse or neglect for the purpose of gathering the facts, 
 18.36  assessing the risk to the child, and formulating a plan.  
 19.1      (j) "Practice of social services," for the purposes of 
 19.2   subdivision 3, includes but is not limited to employee 
 19.3   assistance counseling and the provision of guardian ad litem and 
 19.4   parenting time expeditor services.  
 19.5      (k) "Mental injury" means an injury to the psychological 
 19.6   capacity or emotional stability of a child as evidenced by an 
 19.7   observable or substantial impairment in the child's ability to 
 19.8   function within a normal range of performance and behavior with 
 19.9   due regard to the child's culture. 
 19.10     (l) "Threatened injury" means a statement, overt act, 
 19.11  condition, or status that represents a substantial risk of 
 19.12  physical or sexual abuse or mental injury. 
 19.13     (m) Persons who conduct assessments or investigations under 
 19.14  this section shall take into account accepted child-rearing 
 19.15  practices of the culture in which a child participates, which 
 19.16  are not injurious to the child's health, welfare, and safety. 
 19.17     Sec. 19.  [STAFF DEVELOPMENT OUTCOMES.] 
 19.18     Notwithstanding Minnesota Statutes, sections 122A.60, 
 19.19  subdivision 3, and 122A.61, during the 2001-2002 school year, a 
 19.20  district may expend basic revenue reserved for staff development 
 19.21  to more effectively meet the needs of students experiencing 
 19.22  mental health disorders, with a focus on prevention and early 
 19.23  intervention.  
 19.24     Sec. 20.  [APPROPRIATION.] 
 19.25     (a) $....... is appropriated from the general fund in 
 19.26  fiscal year 2001 to the commissioner of children, families, and 
 19.27  learning to be distributed by the commissioner for the costs 
 19.28  local advisory councils or local children's mental health 
 19.29  collaboratives incur in serving children with mental health 
 19.30  disorders under Minnesota Statutes 2000, section 245.4875, 
 19.31  subdivisions 1a to 1e, or in contracting for such services.  The 
 19.32  commissioner shall proportion the amount of the allocation to 
 19.33  each local advisory council or local children's mental health 
 19.34  collaborative according to the number of eligible children 
 19.35  served.  If the amount of the appropriation is insufficient to 
 19.36  pay the full costs of all eligible local advisory councils or 
 20.1   local children's mental health collaboratives, the commissioner 
 20.2   shall distribute the allocation proportionally on a pro rata 
 20.3   basis. 
 20.4      (b) $....... is appropriated from the general fund in 
 20.5   fiscal year 2001 to the commissioner of human services for 
 20.6   contracting with independent evaluators to determine the 
 20.7   efficacy of coordinated mental health services outcomes and 
 20.8   plans under Minnesota Statutes, section 124D.23.  
 20.9      (c) $....... is appropriated from the general fund for the 
 20.10  2002-2003 biennium to the commissioner of children, families, 
 20.11  and learning to provide grants to school districts to fund the 
 20.12  colocating and providing of mental health services and treatment 
 20.13  to students in schools, under Minnesota Statutes, section 
 20.14  121A.215. 
 20.15     Sec. 21.  [EFFECTIVE DATE.] 
 20.16     Sections 1 to 20 are effective for the 2001-2002 school 
 20.17  year and later.