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Chapter 256M
Section 256M.70
Topics
Recent History
- 2011 Subd. 1 Repealed 2011 c 9 art 1 s 35
- 2011 Subd. 2 Amended 2011 c 9 art 1 s 29
- 2003 256M.70 New 2003 c 14 art 11 s 8
This is an historical version of this statute chapter. Also view the most recent published version.
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.
History: 1Sp2003 c 14 art 11 s 8
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.
History: 1Sp2003 c 14 art 11 s 8
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Revisor of Statutes