2007 Minnesota Statutes

245.4875 LOCAL SERVICE DELIVERY SYSTEM.
    Subdivision 1. Development of children's services. The county board in each county
is responsible for using all available resources to develop and coordinate a system of locally
available and affordable children's mental health services. The county board may provide some
or all of the children's mental health services and activities specified in subdivision 2 directly
through a county agency or under contracts with other individuals or agencies. A county or
counties may enter into an agreement with a regional treatment center under section 246.57
to enable the county or counties to provide the treatment services in subdivision 2. Services
provided through an agreement between a county and a regional treatment center must meet the
same requirements as services from other service providers.
    Subd. 2. Children's mental health services. The children's mental health service system
developed by each county board must include the following services:
(1) education and prevention services according to section 245.4877;
(2) mental health identification and intervention services according to section 245.4878;
(3) emergency services according to section 245.4879;
(4) outpatient services according to section 245.488;
(5) family community support services according to section 245.4881;
(6) day treatment services according to section 245.4884, subdivision 2;
(7) residential treatment services according to section 245.4882;
(8) acute care hospital inpatient treatment services according to section 245.4883;
(9) screening according to section 245.4885;
(10) case management according to section 245.4881;
(11) therapeutic support of foster care according to section 245.4884, subdivision 4;
(12) professional home-based family treatment according to section 245.4884, subdivision
4 ; and
(13) mental health crisis services according to section 245.488, subdivision 3.
    Subd. 3. Local contracts. The county board shall review all proposed county agreements,
grants, or other contracts related to children's mental health services from any local, state, or
federal governmental sources. Contracts with service providers must:
(1) name the commissioner as a third party beneficiary;
(2) identify monitoring and evaluation procedures not in violation of the Minnesota
Government Data Practices Act, chapter 13, which are necessary to ensure effective delivery of
quality services;
(3) include a provision that makes payments conditional on compliance by the contractor and
all subcontractors with sections 245.487 to 245.4889 and all other applicable laws, rules, and
standards; and
(4) require financial controls and auditing procedures.
    Subd. 4. Joint county mental health agreements. To efficiently provide the children's
mental health services required by sections 245.487 to 245.4889, counties are encouraged to join
with one or more county boards to establish a multicounty local children's mental health authority
under the Joint Powers Act, section 471.59, the Human Services Act, sections 402.01 to 402.10,
community mental health center provisions, section 245.62, or enter into multicounty mental
health agreements. Participating county boards shall establish acceptable ways of apportioning
the cost of the services.
    Subd. 5. Local children's advisory council. (a) By October 1, 1989, the county board,
individually or in conjunction with other county boards, shall establish a local children's mental
health advisory council or children's mental health subcommittee of the existing local mental
health advisory council or shall include persons on its existing mental health advisory council
who are representatives of children's mental health interests. The following individuals must serve
on the local children's mental health advisory council, the children's mental health subcommittee
of an existing local mental health advisory council, or be included on an existing mental health
advisory council: (1) at least one person who was in a mental health program as a child or
adolescent; (2) at least one parent of a child or adolescent with severe emotional disturbance;
(3) one children's mental health professional; (4) representatives of minority populations of
significant size residing in the county; (5) a representative of the children's mental health local
coordinating council; and (6) one family community support services program representative.
(b) The local children's mental health advisory council or children's mental health
subcommittee of an existing advisory council shall seek input from parents, former consumers,
providers, and others about the needs of children with emotional disturbance in the local area
and services needed by families of these children, and shall meet monthly, unless otherwise
determined by the council or subcommittee, but not less than quarterly, to review, evaluate,
and make recommendations regarding the local children's mental health system. Annually, the
local children's mental health advisory council or children's mental health subcommittee of the
existing local mental health advisory council shall:
(1) arrange for input from the local system of care providers regarding coordination of
care between the services;
(2) identify for the county board the individuals, providers, agencies, and associations as
specified in section 245.4877, clause (2); and
(3) provide to the county board a report of unmet mental health needs of children residing in
the county.
(c) The county board shall consider the advice of its local children's mental health advisory
council or children's mental health subcommittee of the existing local mental health advisory
council in carrying out its authorities and responsibilities.
    Subd. 6. Local system of care; coordinating council. The county board shall establish, by
January 1, 1990, a council representing all members of the local system of care including mental
health services, social services, correctional services, education services, health services, and
vocational services. The council shall include a representative of an Indian reservation authority
where a reservation exists within the county. When possible, the council must also include a
representative of juvenile court or the court responsible for juvenile issues and law enforcement.
The members of the coordinating council shall meet at least quarterly to develop recommendations
to improve coordination and funding of services to children with severe emotional disturbances.
A county may use an existing child-focused interagency task force to fulfill the requirements of
this subdivision if the representatives and duties of the existing task force are expanded to include
those specified in this subdivision and section 245.4873, subdivision 3.
    Subd. 7. Other local authority. The county board may establish procedures and policies
that are not contrary to those of the commissioner or sections 245.487 to 245.4889 regarding
local children's mental health services and facilities. The county board shall perform other acts
necessary to carry out sections 245.487 to 245.4889.
    Subd. 8. Transition services. The county board may continue to provide mental health
services as defined in sections 245.487 to 245.4889 to persons over 18 years of age, but under 21
years of age, if the person was receiving case management or family community support services
prior to age 18, and if one of the following conditions is met:
(1) the person is receiving special education services through the local school district; or
(2) it is in the best interest of the person to continue services defined in sections 245.487 to
245.4889.
History: 1989 c 282 art 4 s 42; 1990 c 568 art 5 s 14,34; 1991 c 94 s 7,24; 1991 c 292 art 6 s
58 subd 1; 1995 c 207 art 8 s 7,8; 1999 c 86 art 1 s 58; 1Sp2001 c 9 art 9 s 13; 2002 c 379 art 1 s
113; 1Sp2003 c 14 art 11 s 11; 2005 c 10 art 1 s 43; 2005 c 98 art 3 s 12,13; 2007 c 147 art 8 s 38