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    Subdivision 1. Admission criteria. The county board shall, prior to admission, except in
the case of emergency admission, determine the needed level of care for all children referred for
treatment of severe emotional disturbance in a treatment foster care setting, residential treatment
facility, or informally admitted to a regional treatment center if public funds are used to pay for
the services. The county board shall also determine the needed level of care for all children
admitted to an acute care hospital for treatment of severe emotional disturbance if public funds
other than reimbursement under chapters 256B and 256D are used to pay for the services. The
level of care determination shall determine whether the proposed treatment:
(1) is necessary;
(2) is appropriate to the child's individual treatment needs;
(3) cannot be effectively provided in the child's home; and
(4) provides a length of stay as short as possible consistent with the individual child's need.
When a level of care determination is conducted, the county board may not determine that
referral or admission to a treatment foster care setting, residential treatment facility, or acute care
hospital is not appropriate solely because services were not first provided to the child in a less
restrictive setting and the child failed to make progress toward or meet treatment goals in the less
restrictive setting. The level of care determination must be based on a diagnostic assessment that
includes a functional assessment which evaluates family, school, and community living situations;
and an assessment of the child's need for care out of the home using a validated tool which
assesses a child's functional status and assigns an appropriate level of care. The validated tool
must be approved by the commissioner of human services. If a diagnostic assessment including
a functional assessment has been completed by a mental health professional within the past
180 days, a new diagnostic assessment need not be completed unless in the opinion of the
current treating mental health professional the child's mental health status has changed markedly
since the assessment was completed. The child's parent shall be notified if an assessment will
not be completed and of the reasons. A copy of the notice shall be placed in the child's file.
Recommendations developed as part of the level of care determination process shall include
specific community services needed by the child and, if appropriate, the child's family, and shall
indicate whether or not these services are available and accessible to the child and family.
During the level of care determination process, the child, child's family, or child's legal
representative, as appropriate, must be informed of the child's eligibility for case management
services and family community support services and that an individual family community support
plan is being developed by the case manager, if assigned.
The level of care determination shall comply with section 260C.212. Wherever possible, the
parent shall be consulted in the process, unless clinically inappropriate.
The level of care determination, and placement decision, and recommendations for mental
health services must be documented in the child's record.
An alternate review process may be approved by the commissioner if the county board
demonstrates that an alternate review process has been established by the county board and
the times of review, persons responsible for the review, and review criteria are comparable to
the standards in clauses (1) to (4).
    Subd. 1a. Emergency admission. Effective July 1, 2006, if a child is admitted to a treatment
foster care setting, residential treatment facility, or acute care hospital for emergency treatment or
held for emergency care by a regional treatment center under section 253B.05, subdivision 1, the
level of care determination must occur within three working days of admission.
    Subd. 2. Qualifications. Level of care determination of children for treatment foster care,
residential, and inpatient services must be conducted by a mental health professional. Where
appropriate and available, culturally informed mental health consultants must participate in the
level of care determination. Mental health professionals providing level of care determination for
treatment foster care, inpatient, and residential services must not be financially affiliated with any
nongovernment entity which may be providing those services.
    Subd. 3. Individual placement agreement. The county board shall enter into an individual
placement agreement with a provider of residential treatment services to a child eligible for
county-paid services under this section. The agreement must specify the payment rate and terms
and conditions of county payment for the placement.
    Subd. 4.[Repealed, 1993 c 337 s 20]
    Subd. 5. Summary data collection. The county board shall annually collect summary
information on the number of children screened, the age and racial or ethnic background of the
children, the presenting problem, and the screening recommendations. The county shall include
information on the degree to which these recommendations are followed and the reasons for not
following recommendations. Summary data shall be available to the public and shall be used by
the county board and local children's advisory council to identify needed service development.
History: 1989 c 282 art 4 s 51; 1990 c 568 art 5 s 26,27; 1991 c 292 art 6 s 23-25; 1995 c
207 art 8 s 11; 1999 c 139 art 4 s 2; 1Sp2001 c 9 art 9 s 17; 2002 c 379 art 1 s 113; 1Sp2003 c 14
art 11 s 11; 1Sp2005 c 4 art 2 s 4-6

Official Publication of the State of Minnesota
Revisor of Statutes