2004 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.  County boards shall demonstrate 
 their continuous progress toward fully implementing sections 
 245.487 to 245.4887 during the period July 1, 1989, to January 
 1, 1992.  County boards must develop fully each of the treatment 
 services prescribed by sections 245.487 to 245.4887 by January 
 1, 1992, according to the priorities established in section 
 245.4873 and the children's mental health component of the 
 community social services plan approved by the commissioner 
 under section 245.4887. 

    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 245.4887 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 245.4887, 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 to be included 
 in the county's biennial children's mental health component of 
 the community social services plan and participate in developing 
 the mental health component of the plan. 

    (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 245.4887 regarding 
 local children's mental health services and facilities.  The 
 county board shall perform other acts necessary to carry out 
 sections 245.487 to 245.4887.  

    Subd. 8.    Transition services.  The county board may 
 continue to provide mental health services as defined in 
 sections 245.487 to 245.4887 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 245.4887. 

    HIST: 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