2006 Minnesota Statutes

245.487 CITATION; DECLARATION OF POLICY; MISSION.
    Subdivision 1. Citation. Sections 245.487 to 245.4887 may be cited as the "Minnesota
Comprehensive Children's Mental Health Act."
    Subd. 2. Findings. The legislature finds there is a need for further development of existing
clinical services for emotionally disturbed children and their families and the creation of new
services for this population. Although the services specified in sections 245.487 to 245.4887 are
mental health services, sections 245.487 to 245.4887 emphasize the need for a child-oriented
and family-oriented approach of therapeutic programming and the need for continuity of care
with other community agencies. At the same time, sections 245.487 to 245.4887 emphasize the
importance of developing special mental health expertise in children's mental health services
because of the unique needs of this population.
Nothing in sections 245.487 to 245.4887 shall be construed to abridge the authority of the
court to make dispositions under chapter 260, but the mental health services due any child with
serious and persistent mental illness, as defined in section 245.462, subdivision 20, or with severe
emotional disturbance, as defined in section 245.4871, subdivision 6, shall be made a part of
any disposition affecting that child.
    Subd. 3. Mission of children's mental health service system. As part of the comprehensive
children's mental health system established under sections 245.487 to 245.4887, the commissioner
of human services shall create and ensure a unified, accountable, comprehensive children's
mental health service system that is consistent with the provision of public social services for
children and that:
(1) identifies children who are eligible for mental health services;
(2) makes preventive services available to all children;
(3) assures access to a continuum of services that:
(i) educate the community about the mental health needs of children;
(ii) address the unique physical, emotional, social, and educational needs of children;
(iii) are coordinated with the range of social and human services provided to children and
their families by the Departments of Education, Human Services, Health, and Corrections;
(iv) are appropriate to the developmental needs of children; and
(v) are sensitive to cultural differences and special needs;
(4) includes early screening and prompt intervention to:
(i) identify and treat the mental health needs of children in the least restrictive setting
appropriate to their needs; and
(ii) prevent further deterioration;
(5) provides mental health services to children and their families in the context in which
the children live and go to school;
(6) addresses the unique problems of paying for mental health services for children,
including:
(i) access to private insurance coverage; and
(ii) public funding;
(7) includes the child and the child's family in planning the child's program of mental health
services, unless clinically inappropriate to the child's needs; and
(8) when necessary, assures a smooth transition from mental health services appropriate for a
child to mental health services needed by a person who is at least 18 years of age.
    Subd. 4. Implementation. (a) The commissioner shall begin implementing sections 245.487
to 245.4887 by February 15, 1990, and shall fully implement sections 245.487 to 245.4887
by July 1, 1993.
(b) Annually until February 15, 1994, the commissioner shall report to the legislature on
all steps taken and recommendations for full implementation of sections 245.487 to 245.4887
and on additional resources needed to further implement those sections. The report shall include
information on county and state progress in identifying the needs of cultural and racial minorities
and in using special mental health consultants to meet these needs.
    Subd. 5. Continuation of existing mental health services for children. Counties shall
make available case management, community support services, and day treatment to children
eligible to receive these services under sections 245.4881 and 245.4884. No later than August
1, 1989, the county board shall notify providers in the local system of care of their obligations
to refer children eligible for case management and community support services as of January 1,
1989. The county board shall forward a copy of this notice to the commissioner. The notice shall
indicate which children are eligible, a description of the services, and the name of the county
employee designated to coordinate case management activities and shall include a copy of the
plain language notification described in section 245.4881, subdivision 2, paragraph (b). Providers
shall distribute copies of this notification when making a referral for case management.
    Subd. 6. Funding from the federal government and other sources. The commissioner
shall seek and apply for federal and other nonstate, nonlocal government funding for mental
health services specified in sections 245.487 to 245.4887, in order to maximize nonstate, nonlocal
dollars for these services.
History: 1989 c 282 art 4 s 37; 1990 c 568 art 5 s 9,10; 1991 c 199 art 2 s 1; 1991 c 292 art
6 s 11,12,58 subd 1; 1Sp1995 c 3 art 16 s 13; 2003 c 130 s 12; 1Sp2003 c 14 art 11 s 11