Title 42The Public Health and WelfareRelease 119-73

§300x–3 State mental health planning council

Title 42 › Chapter CHAPTER 6A— - PUBLIC HEALTH SERVICE › Subchapter SUBCHAPTER XVII— - BLOCK GRANTS › Part Part B— - Block Grants Regarding Mental Health and Substance Use › Subpart subpart i— - block grants for community mental health services › § 300x–3

Last updated Apr 6, 2026|Official source

Summary

States that get certain federal grants must create and keep a State mental health planning council and follow specific rules. The council must review state mental health plans and suggest changes, speak up for adults with serious mental illness, children with severe emotional disturbance, and others with mental health problems, and check at least once each year how mental health services are funded and whether they meet people’s needs. Members must be State residents and include people from key State agencies, public and private groups involved in mental health services, adults who have used those services, and families of such adults or of children with emotional disturbance. The council must include enough parents of affected children so their views are properly represented, and at least 50 percent of members must not be State employees or mental health service providers. "Council" means a State mental health planning council.

Full Legal Text

Title 42, §300x–3

The Public Health and Welfare — Source: USLM XML via OLRC

(a)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)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)(1)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)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)For purposes of this section, the term “Council” means a State mental health planning council.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Social Security Act, referred to in subsec. (c)(1)(A)(ii), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XIX of the Act is classified generally to subchapter XIX (§ 1396 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables.

Prior Provisions

A prior section 300x–3, act
July 1, 1944, ch. 373, title XIX, § 1915, formerly § 1914, as added Aug. 13, 1981, Pub. L. 97–35, title IX, § 901, 95 Stat. 545; renumbered § 1915 and amended Oct. 19, 1984, Pub. L. 98–509, title I, §§ 105(b), 106(a), (b), (d), (g), 98 Stat. 2358, 2359; Nov. 18, 1988, Pub. L. 100–690, title II, §§ 2024–2026, 102 Stat. 4198, 4199; Aug. 16, 1989, Pub. L. 101–93, § 2(d), 103 Stat. 606; Nov. 28, 1990, Pub. L. 101–639, § 3(a)(2), 104 Stat. 4601, related to the use of grant allotments for alcohol, drug abuse, and mental health services, prior to repeal by Pub. L. 102–321, § 201(2). A prior section 1914 of act
July 1, 1944, was classified to section 300x–2 of this title prior to repeal by Pub. L. 102–321.

Reference

Citations & Metadata

Citation

42 U.S.C. § 300x–3

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73