* § 41.49 Community based mental health services for seriously

emotionally disturbed children.

1. As used in this section:

"Seriously emotionally disturbed children" shall mean persons under
the age of eighteen who have a serious, persistent disability which:

(i) is caused by a medically determined mental illness as evidenced by
a primary psychiatric diagnosis by a physician, or is caused by other
serious emotional disturbance as defined by regulations of the
commissioner of mental health;

(ii) has continued or is likely to continue for a period of at least
one year;

(iii) would cause substantial risk of psychiatric hospitalization in
the absence of community based mental health services; and

(iv) results in substantial functional limitations in two or more of
the following areas: (A) self-care at an appropriate developmental
level, (B) receptive and expressive language, (C) learning, (D)
self-direction, and (E) capacity for living in a family environment.

2. The commissioner of mental health is authorized, within
appropriations made therefor, to make grants to local governmental units
for one hundred percent of the net operating costs of community based
programs approved by his office to serve seriously emotionally disturbed
children. Grants provided under this section shall only be used to
expand existing services or to create new services for seriously
emotionally disturbed children and shall not supplant existing services
for such individuals. The commissioner shall promulgate rules and
regulations for the operation and funding of such programs. Such rules
and regulations shall include but not be limited to, eligibility and
program requirements, and standards for reimbursement. Such programs
shall be designed to provide mental health services to seriously
emotionally disturbed children in the community who, absent such
services, would experience substantial risk of new or additional
psychiatric hospitalization, or would experience substantial risk of
serious functional disability as a result of their mental illness.

3. Nothing in this section shall be deemed to diminish the education
department's responsibility for the education of children with
handicapping conditions.

4. Notwithstanding any other provision of this article, in order to
qualify for one hundred percent state aid pursuant to this section,
local governmental units shall assure that local contributions for
expenditures in any local fiscal year for local services provided to
mentally ill persons made pursuant to this article, as applicable, shall
be equal to or greater than the amount expended by such local
governmental unit in the last complete local fiscal year preceding the
effective date of this section. The commissioner shall be authorized to
reduce payments made to local governmental units which have received
grants pursuant to this section, in the following local fiscal year, for
failure to maintain expenditures in accordance with this subdivision.

5. The commissioner of mental health shall, no later than October
first, nineteen hundred eighty-nine and every year thereafter, issue a
report to the governor and the legislature regarding the implementation
of the section.

* NB There are 2 § 41.49's