§ 42-72.7-4 - Operations.
SECTION 42-72.7-4
§ 42-72.7-4 Operations. – (a) Community planning team decisions about the provision of appropriateservices to a child and his or her family shall be made consistent with allrelevant provisions of state and federal social service, education, and mentalhealth laws.
(b) A community planning team will be convened to meetconcerning the education and/or care and treatment needs of a particular childand family under the following conditions:
(1) The child and/or family has education and/or care andtreatment needs which have been identified and which cannot be met through theexisting community social service, education, or mental health service systemsin isolation; and
(2) The family or an agency working with the child desirescoordinated planning and provision of merged funded public or privatenonresidential or residential resources for children in need of education,care, and treatment and their families; and
(3) The family and an agency participating in the planningprocess through the community planning team agree that merged funding may berequired to provide whatever services the community planning team recommendsfor the child and/or family.
(c) In the case of a particular child considered by thecommunity planning team, if a consensus is reached as to appropriate public orprivate nonresidential or residential services for the child in need ofeducation, care, and treatment and/or the child's family, the services shall beprovided under the auspices of and funded by the local coordinating councilpursuant to this chapter.
(d) Services which were being provided to the child prior tothe access to otherwise unavailable services through the community planningteam process shall continue to be provided by the agency or agencies which hadbeen providing those services; provided, that if different or additionalservices are recommended by the community planning team, the agency or agencieswhich have been providing services will continue a maintenance of effort forthe child at the level of funding prior to access to merged funding servicesthrough the community planning team.
(e) Any agency not participating in a consensus decision ofthe community planning team will remain solely responsible for the funding ofparticular services for which the child and/or his or her family may beotherwise eligible from that agency pursuant to state and federal law.
(f) Nothing in this chapter shall abridge the rights ofchildren and families to appeal the denial of services sought from any agencyor other adverse agency decisions made by any agency participating in thecommunity planning team process pursuant to other provisions of state orfederal law.
(g) Any community planning team member, whether a family oragency representative, aggrieved by any decision, action, or failure to act onthe part of the community planning team may access the dispute resolutionprocess as provided for in regulations enacted pursuant to this chapter.