MENTAL HEALTH
Prepared by:
Patricia Siebert, Staff Attorney
Mid-Minnesota Legal Assistance, Disability Law Center
612-746-3734
psiebert@midmnlegal.org

I. ADULT FOSTER CARE BED LICENSES
Chapter 79, Article 1, Section 3 (HF 1362)
Amends Minn. Stat. § 245A.11, subd. 2a
Effective July 1, 2009

Permits the number of adult foster care beds to be increased from four to five if: (1) there is a rate reduction; (2) the increase does not impact overall number of Adult Foster Care beds; and (3) some additional conditions are met.

II. ANOKA-METRO REGIONAL TREATMENT CENTER RESTRUCTURING
Chapter 79, Article 3, Section 18 (HF1362)
Effective August 1, 2009

Requires the Department of Human Services (DHS) to restructure services provided to patients at the Anoka-Metro Regional Treatment Center, based on a plan developed by "community partners." Requires stakeholder input and planning for the transition to be completed by October 1, 2009. Directs DHS to submit an initial report to the Legislature by November 30, 2009. Requires state employees to be used in - and prohibits layoffs as a result of - the restructuring.

III. ALTERNATE OVERNIGHT SUPERVISION TECHNOLOGY
Chapter 79, Article 1, Section 4 (HF 1362)
Adds Minn. Stat. § 245A.11, subd. 7a
Effective August 1, 2009

Allows an adult foster care license to include supervision technology in lieu of overnight staff under specified conditions, including signed informed consent of residents and inclusion of technology in service plans, emergency provisions including response times, documentation of incidents, and assured privacy and data protections.

IV. EXPULSION OF A CHILD WITH A DISABILITY
Chapter 96, Article 3, Section 3 (HF 2)
Amends Minn. Stat. § 121A.43
Effective August 1, 2009

Permits suspension of a child with a disability, consistent with federal and state law. Requires a meeting of a child's individualized education program team when the child has been suspended for more than five consecutive school days or 10 cumulative school days in the same school year. Provides that suspension does not involve a recommendation for expulsion or exclusion or other change of placement. Requires a child with a disability whose suspension exceeds five consecutive school days to be provided with alternative educational services. Requires a determination prior to expulsion or exclusion whether the behavior: (1) was caused by, or had a direct and substantial relationship to, the child's disability; and (2) whether the child's conduct was a direct result of a failure to implement the individualized education program.

V. MAINTENANCE OF EFFORT (MOE)
Chapter 167, Section 2 (HF 1504)
Amends Minn. Stat. § 245.4835, subd. 1
Effective August 1, 2009

Permits counties to adjust MOE in proportion to reductions in: (1) population; and (2) until December 31, 2011, revenues received from state and federal sources.

VI. PEER SPECIALISTS
Chapter 167, Section 12 (HF 1054)
Amends Minn. Stat. § 256B.0624, subd. 8
Effective August 1, 2009

Adds crisis stabilization to the services peer specialists can perform, in addition to Adult Rehabilitative Mental Health Services, Assertive Community Treatment and Intensive Residential Treatment Services.

VII. RESTRICTIVE PROCEDURES IN SCHOOLS
Chapter 96, Article 3, Sections 9 - 11 (HF 2)
Adds Minn. Stat. §§ 125A.094; 125A.0941; and 125A.0942
Effective August 1, 2011

A. Definitions

1. Emergency
Defines emergency as a situation where immediate intervention is necessary to: (1) protect a child or other individual from physical injury; or (2) prevent serious property damage.
Adds Minn. Stat. § 125A.0941(b)

2. Restrictive Procedures
Defines restrictive procedures as seclusion and physical holding in emergencies only.
Adds Minn. Stat. § 125A.0941(e)

3. Seclusion
Defines seclusion as confining a child alone in a room from which egress is barred.
Adds Minn. Stat. § 125A.0941(f)

4. Physical Holding
Defines physical holding as physical intervention intended to hold a child immobile or to limit a child's movement and where body contact is the only source of physical restraint.
Adds Minn. Stat. § 125A.0941(c)

B. Standards for Restrictive Procedures
Requires, among other things, that: (1) restrictive procedures be the least intrusive intervention to respond to the emergency; (2) the child be directly observed during the course of the procedures; and (3) the school document each use of the procedures. Provides that restrictions end when the threat of harm ends. Requires same day notification to parents. Limits implementation of the procedures to licensed, trained staff. Prohibits, among other things: (1) withholding food; (2) preventing bathroom access; and (3) physical holding that restricts the child's ability to breathe.
Adds Minn. Stat. § 125A.0942

VIII. STATE-COUNTY RESULTS, ACCOUNTABILITY, AND SERVICE DELIVERY REFORM ACT
Chapter 79, Article 9 (HF 1362)
Adds Chapter 402A, specifically, Minn. Stat. §§ 402A.01 - 402A.50
Effective August 1, 2009

Creates a Steering Committee on Performance and Outcome Reforms. Directs the Steering Committee to: (1) develop a uniform process to establish and review performance and outcome standards for all essential human services based on the current level of resources available; (2) develop reporting and accountability measures; and (3) recommend statutes and rules for elimination. Establishes benchmark dates by which certain tasks must be performed. Requires membership on the Steering Committee to include, among others: (1) the commissioner and two staff members from DHS; (2) two county commissioners; (3) two county human service directors; and (4) consumers and advocates. Permits county consortiums to combine to become designated "service delivery authorities." Authorizes the DHS to impose specified remedial requirements on underperforming counties. Appropriates $350,000 for implementation. (Note: see Unallotment Impacts below.).

IX. UNALLOTMENT IMPACTS

The following were unallotted by the Governor:
A. Adult Mental Health Grants
Reduces adult mental health grants by $8,770,000.

B. Children and Community Services Act (CCSA) Block Grant
Reduces CCSA block grant by 25%.

C. State-County Results, Accountability, and Service Delivery Reform Act
Eliminates the $350,000 appropriated for implementation of this Act.

D. State-Operated Services
Requires, as a result of unallotment, additional changes leading to a $5 million reduction in expenses and an improvement in collection. Requires the development and implementation of a plan to best meet the established needs of state-operated services clients.

X. WARDS AND PROTECTED PERSONS
Chapter 150 (HF 804)
Amends Minn. Stat. §§ 260C.331, subd. 1; 524.5-102, subd. 7; 524.5-309; 524.5-310; 524.5-315; 524.5-316; 524.5-317; 524.5-406; 524.5-409; 524.5-414; and 524.5-420
Adds Minn. Stat. §§ 524.5-102, subd. 13a; 524.5-119; and 524.5-120
Effective August 1, 2009

A. Bill of Rights for Wards and Protected Persons
Cumulates individual rights into a 'bill of rights" which emphasizes that wards retain civil and personal rights not specifically transferred to guardians and that the court is responsible for enforcing those rights. Clarifies that wards, protected persons, and interested parties may seek not just termination or modification. but other appropriate relief.
Adds Minn. Stat. § 524.5-120

B. Court Review
Requires court review where the ward's attorney is also representing the interests of the guardian or conservator in a concurrent proceeding and there is a potential conflict.
Amends Minn. Stat. § 524.5-304

C. Informational Statement
Requires guardians to file an annual informational statement with the district court updating the five-year criminal background check
Amends Minn. Stat. § 524.5-304

D. Interested Person Status
Enables representatives of a state ombudsman's office or the federal protection and advocacy system to be interested parties.
Amends Minn. Stat. § 524.5-102, subd. 7

E. Registration
Requires centralized registration of all guardians and conservators by July 1, 2013.
Adds Minn. Stat. § 524.5-119

F. Reporting
Requires timely filing of annual reports with copies and notices provided to wards and to involved parties who are of record with the court.
Amends Minn. Stat. § 524.5-316