42 U.S.C. § 290ff–2: Individualized plan for…

Summary

Make sure every child served by the system has a written, individualized plan for services. The plan must be made and carried out with the child’s family and, unless it would be bad for the child’s health, with the child. A team of qualified people from different areas—such as mental health, medical, education, social, and vocational services—must create the plan, and they must review it and update it at least once each year. If the child has an Individualized Education Program (IEP), the team must use that IEP when making and updating the plan, keep the plan consistent with the IEP, and the agencies’ written agreement must say they will follow these rules. The plan must list the child’s needs, include all appropriate services (for children 14 and older include vocational counseling, rehab, and transition services), set goals and how to reach them, and name who will provide case management or say the IEP will provide it.

Title 42, §290ff–2

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

(a)In general

A funding agreement for a grant under section 290ff(a) of this title is that a system of care under section 290ff–1(a) of this title will develop and carry out an individualized plan of services for each child provided access to the system, and that the plan will be developed and carried out with the participation of the family of the child and, unless clinically inappropriate, with the participation of the child.

(b)Multidisciplinary team

A funding agreement for a grant under section 290ff(a) of this title is that the plan required in subsection (a) will be developed, and reviewed and as appropriate revised not less than once each year, by a multidisciplinary team of appropriately qualified individuals who provide services through the system, including as appropriate mental health services, other health services, educational services, social services, and vocational counseling and rehabilitation;

(c)Coordination with services under Individuals with Disabilities Education Act

A funding agreement for a grant under section 290ff(a) of this title is that, with respect to a plan under subsection (a) for a child, the multidisciplinary team required in subsection (b) will—

(1)in developing, carrying out, reviewing, and revising the plan consider any individualized education program in effect for the child pursuant to part B of the Individuals with Disabilities Education Act [42 U.S.C. 1411 et seq.];

(2)ensure that the plan is consistent with such individualized education program and provides for coordinating services under the plan with services under such program; and

(3)ensure that the memorandum of understanding entered into under section 290ff–1(d)(3)(B) of this title regarding such Act [20 U.S.C. 1400 et seq.] includes provisions regarding compliance with this subsection.

(d)Contents of plan

A funding agreement for a grant under section 290ff(a) of this title is that the plan required in subsection (a) for a child will—

(1)identify and state the needs of the child for the services available pursuant to section 290ff–1 of this title through the system;

(2)provide for each of such services that is appropriate to the circumstances of the child, including, except in the case of children who are less than 14 years of age, the provision of appropriate vocational counseling and rehabilitation, and transition services (as defined in section 602 [20 U.S.C. 1401] of the Individuals with Disabilities Education Act);

(3)establish objectives to be achieved regarding the needs of the child and the methodology for achieving the objectives; and

(4)designate an individual to be responsible for providing the case management required in section 290ff–1(e)(1) of this title or certify that case management services will be provided to the child as part of the individualized education program of the child under the Individuals with Disabilities Education Act [20 U.S.C. 1400 et seq.].

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Individuals with Disabilities Education Act, referred to in subsecs. (c)(1), (3) and (d)(4), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, which is classified generally to chapter 33 (§ 1400 et seq.) of Title 20, Education. Part B of the Act is classified generally to subchapter II (§ 1411 et seq.) of chapter 33 of Title 20. For complete classification of this Act to the Code, see section 1400 of Title 20 and Tables.

Amendments

2004—Subsec. (d)(2). Pub. L. 108–446 substituted “section 602” for “section 602(a)(19)”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 1992, with provision for programs providing financial assistance, see section 801(c), (d) of Pub. L. 102–321, set out as an

Effective Date

of 1992 Amendment note under section 236 of this title.

§290ff–2 Individualized Plan for Services

Summary

Title 42, §290ff–2

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata