42 U.S.C. § 300x–3: State mental health…

Summary

To get the federal grant, a State must create and keep a State mental health planning council. The council must read the State’s mental health plans and suggest changes. It must speak up for adults with serious mental illness, children with severe emotional problems, and others with mental health needs. At least once a year the council must check how mental health services are shared out and whether they are enough. Council members must live in the State and include people from main State agencies (mental health, education, vocational rehab, criminal justice, housing, social services, and those who work on the Medicaid plan), public and private groups involved with mental health, adults who have gotten mental health services, and families of those adults or of children with emotional disturbance. The council must have enough parents of affected children to give those children a real voice, and at least 50% of members cannot be State employees or mental health service providers. Council means the State mental health planning council.

Title 42, §300x–3

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

(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)

(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.

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.

§300x–3 State Mental Health Planning Council