2003 Minnesota Statutes

     256M.70 Fiscal limitations. 

    Subdivision 1.    Demonstration of reasonable effort.  
 The county shall make reasonable efforts to comply with all 
 children and community services requirements.  For the purposes 
 of this section, a county is making reasonable efforts if the 
 county has made efforts to comply with requirements within the 
 limits of available funding, including efforts to identify and 
 apply for commonly available state and federal funding for 
 services. 

    Subd. 2.    Identification of services to be provided.  
 If a county has made reasonable efforts to provide services 
 according to the service plan under section 256M.30, but funds 
 appropriated for purposes of sections 256M.01 to 256M.80 are 
 insufficient, then the county may limit services that do not 
 meet the following criteria while giving the highest funding 
 priority to clauses (1), (2), and (3):  

    (1) services needed to protect individuals from 
 maltreatment, abuse, and neglect; 

    (2) emergency and crisis services needed to protect clients 
 from physical, emotional, or psychological harm; 

    (3) services that maintain a person in the person's home or 
 least restrictive setting; 

    (4) assessment of persons applying for services and 
 referral to appropriate services when necessary; 

    (5) public guardianship services; 

    (6) case management for persons with developmental 
 disabilities, children with serious emotional disturbances, and 
 adults with serious and persistent mental illness; and 

    (7) fulfilling licensing responsibilities delegated to the 
 county by the commissioner under section 245A.16. 

    Subd. 3.    Denial, reduction, or termination of services 
 due to fiscal limitations.  Before a county denies, reduces, 
 or terminates services to an individual due to fiscal 
 limitations, the county must meet the requirements in this 
 section.  The county must notify the individual and the 
 individual's guardian in writing of the reason for the denial, 
 reduction, or termination of services and must inform the 
 individual and the individual's guardian in writing that the 
 county will, upon request, meet to discuss alternatives before 
 services are terminated or reduced.  

    HIST: 1Sp2003 c 14 art 11 s 8