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42 U.S.C. § 300x–3State mental health planning council

submitted 82 years ago by Pub. L. 102-321 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 363 words · no verdicts yet

in plain englishAI-generated · not legal advice

States getting mental health grants must set up a planning council of State residents, including people who've used mental health services and their families. The council reviews the State's plan, advocates for people with serious mental illness, and checks yearly on how adequate mental health services are.

(a) In general — Before getting a mental health grant, the State must agree to set up and keep running a State mental health planning council that meets the conditions in this section. (b) Duties — The council's job is to: review the State's plans submitted under section 300x–4(a) and send the State any recommended changes; act as an advocate for adults with a serious mental illness, children with a severe emotional disturbance, and others with mental illness or emotional problems; and check at least once a year how mental health services in the State are allocated and whether they're adequate. (c) Membership — (1) In general. The council must be made up of State residents, including representatives of: the main State agencies for mental health, education, vocational rehabilitation, criminal justice, housing, and social services, plus the agency that develops the State's Medicaid plan; public and private groups involved with the need, planning, running, funding, and use of mental health and related support services; adults with a serious mental illness who are or were getting mental health services; and the families of those adults, or families of children with an emotional disturbance. (2) Certain requirements. The share of council members who are parents of children with a serious emotional disturbance must be high enough to fairly represent those children in the council's discussions. And at least 50 percent of the council's members can't be State employees or providers of mental health services. (d) "Council" defined — In this section, "Council" means the State mental health planning council.
the actual law source: uscode.house.gov ↗public domain
(a) In general

A funding agreement for a grant under section 300x of this title is that the State involved will establish and maintain a State mental health planning council in accordance with the conditions described in this section.

(b) Duties

A condition under subsection (a) for a Council is that the duties of the Council are—

(1)

to review plans provided to the Council pursuant to section 300x–4(a) of this title by the State involved and to submit to the State any recommendations of the Council for modifications to the plans;

(2)

to serve as an advocate for adults with a serious mental illness, children with a severe emotional disturbance, and other individuals with mental illnesses or emotional problems; and

(3)

to monitor, review, and evaluate, not less than once each year, the allocation and adequacy of mental health services within the State.

(c) Membership
(1) In general

A condition under subsection (a) for a Council is that the Council be composed of residents of the State, including representatives of—

(A)

the principal State agencies with respect to—

(i)

mental health, education, vocational rehabilitation, criminal justice, housing, and social services; and

(ii)

the development of the plan submitted pursuant to title XIX of the Social Security Act [42 U.S.C. 1396 et seq.];

(B)

public and private entities concerned with the need, planning, operation, funding, and use of mental health services and related support services;

(C)

adults with serious mental illnesses who are receiving (or have received) mental health services; and

(D)

the families of such adults or families of children with emotional disturbance.

(2) Certain requirements

A condition under subsection (a) for a Council is that—

(A)

with respect to the membership of the Council, the ratio of parents of children with a serious emotional disturbance to other members of the Council is sufficient to provide adequate representation of such children in the deliberations of the Council; and

(B)

not less than 50 percent of the members of the Council are individuals who are not State employees or providers of mental health services.

(d) “Council” defined

For purposes of this section, the term “Council” means a State mental health planning council.

Source credit: (July 1, 1944, ch. 373, title XIX, § 1914, as added Pub. L. 102–321, title II, § 201(2), July 10, 1992, 106 Stat. 382.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 102-321 · 106 Stat. 382

A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-321 on 1944-07-01.

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