1.1 	A bill for an act
1.2 	relating to human services; modifying children's therapeutic services and 
1.3 	supports; amending Minnesota Statutes 2008, section 256B.0943, subdivision 1.
1.4 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.5 	Section 1. Minnesota Statutes 2008, section 256B.0943, subdivision 1, is amended to 
1.6 	read:
1.7 		Subdivision 1.Definitions. For purposes of this section, the following terms have 
1.8 	the meanings given them.
1.9 	(a) "Children's therapeutic services and supports" means the flexible package of 
1.10 	mental health services for children who require varying therapeutic and rehabilitative 
1.11 	levels of intervention. The services are time-limited interventions that are delivered using 
1.12 	various treatment modalities and combinations of services designed to reach treatment 
1.13 	outcomes identified in the individual treatment plan.
1.14 	(b) "Clinical supervision" means the overall responsibility of the mental health 
1.15 	professional for the control and direction of individualized treatment planning, service 
1.16 	delivery, and treatment review for each client. A mental health professional who is an 
1.17 	enrolled Minnesota health care program provider accepts full professional responsibility 
1.18 	for a supervisee's actions and decisions, instructs the supervisee in the supervisee's work, 
1.19 	and oversees or directs the supervisee's work.
1.20 	(c) "County board" means the county board of commissioners or board established 
1.21 	under sections 402.01 to 402.10 or 471.59.  
1.22 	(d) "Crisis assistance" has the meaning given in section 245.4871, subdivision 9a.  
1.23 	(e) "Culturally competent provider" means a provider who understands and can 
1.24 	utilize to a client's benefit the client's culture when providing services to the client. A 
2.1 	provider may be culturally competent because the provider is of the same cultural or 
2.2 	ethnic group as the client or the provider has developed the knowledge and skills through 
2.3 	training and experience to provide services to culturally diverse clients.
2.4 	(f) "Day treatment program" for children means a site-based structured program 
2.5 	consisting of group psychotherapy for more than three individuals and other intensive 
2.6 	therapeutic services provided by a multidisciplinary team, under the clinical supervision 
2.7 	of a mental health professional.
2.8 	(g) "Diagnostic assessment" has the meaning given in section 245.4871, subdivision 
2.9 	11.  
2.10 	(h) "Direct service time" means the time that a mental health professional, mental 
2.11 	health practitioner, or mental health behavioral aide spends face-to-face with a client 
2.12 	and the client's family. Direct service time includes time in which the provider obtains 
2.13 	a client's history or provides service components of children's therapeutic services and 
2.14 	supports. Direct service time does not include time doing work before and after providing 
2.15 	direct services, including scheduling, maintaining clinical records, consulting with others 
2.16 	about the client's mental health status, preparing reports, receiving clinical supervision 
2.17 	directly related to the client's psychotherapy session, and revising the client's individual 
2.18 	treatment plan.
2.19 	(i) "Direction of mental health behavioral aide" means the activities of a mental 
2.20 	health professional or mental health practitioner in guiding the mental health behavioral 
2.21 	aide in providing services to a client. The direction of a mental health behavioral aide 
2.22 	must be based on the client's individualized treatment plan and meet the requirements in 
2.23 	subdivision 6, paragraph (b), clause (5).
2.24 	(j) "Emotional disturbance" has the meaning given in section 245.4871, subdivision 
2.25 	15. For persons at least age 18 but under age 21, mental illness has the meaning given in 
2.26 	section 245.462, subdivision 20, paragraph (a).  
2.27 	(k) "Individual behavioral plan" means a plan of intervention, treatment, and 
2.28 	services for a child written by a mental health professional or mental health practitioner, 
2.29 	under the clinical supervision of a mental health professional, to guide the work of the 
2.30 	mental health behavioral aide.
2.31 	(l) "Individual treatment plan" has the meaning given in section 245.4871, 
2.32 	subdivision 21.  
2.33 	(m) "Mental health professional" means an individual as defined in section 
2.34 	245.4871, subdivision 27, clauses (1) to (5), or tribal vendor as defined in section 256B.02, 
2.35 	subdivision 7, paragraph (b).  
3.1 	(n) "Preschool program" means a day program licensed under Minnesota Rules, 
3.2 	parts 9503.0005 to 9503.0175, and enrolled as a children's therapeutic services and 
3.3 	supports provider to provide a structured treatment program to a child who is at least 33 
3.4 	months old but who has not yet attended the first day of kindergarten.
3.5 	(o) "Skills training" means individual, family, or group training designed to improve 
3.6 	the basic functioning of the child with emotional disturbance and the child's family in the 
3.7 	activities of daily living and community living, and to improve the social functioning 
3.8 	of the child and the child's family in areas important to the child's maintaining or 
3.9 	reestablishing residency in the community. The child need not be present during family 
3.10 	skills training. Individual, family, and group skills training must:
3.11 	(1) consist of activities designed to promote skill development of the child and the 
3.12 	child's family in the use of age-appropriate daily living skills, interpersonal and family 
3.13 	relationships, and leisure and recreational services;
3.14 	(2) consist of activities that will assist the family's understanding of normal child 
3.15 	development and to use parenting skills that will help the child with emotional disturbance 
3.16 	achieve the goals outlined in the child's individual treatment plan; and
3.17 	(3) promote family preservation and unification, promote the family's integration 
3.18 	with the community, and reduce the use of unnecessary out-of-home placement or 
3.19 	institutionalization of children with emotional disturbance.