§ 42-72.7-4. Operations.
(a) Community planning team decisions about the provision of appropriate services to a
child and the child's family shall be made consistent with all relevant provisions
of state and federal social service, education, and mental health laws.
(b) A community planning team will be convened to meet concerning the education and/or
care and treatment needs of a particular child and family under the following conditions:
(1) The child and/or family has education and/or care and treatment needs which have been
identified and which cannot be met through the existing community social service,
education, or mental health service systems in isolation; and
(2) The family or an agency working with the child desires coordinated planning and provision
of merged funded public or private nonresidential or residential resources for children
in need of education, care, and treatment and their families; and
(3) The family and an agency participating in the planning process through the community
planning team agree that merged funding may be required to provide whatever services
the community planning team recommends for the child and/or family.
(c) In the case of a particular child considered by the community planning team, if a
consensus is reached as to appropriate public or private nonresidential or residential
services for the child in need of education, care, and treatment and/or the child's
family, the services shall be provided under the auspices of and funded by the local
coordinating council pursuant to this chapter.
(d) Services that were being provided to the child prior to the access to otherwise unavailable
services through the community planning team process shall continue to be provided
by the agency or agencies that had been providing those services; provided, that if
different or additional services are recommended by the community planning team, the
agency or agencies that have been providing services will continue a maintenance of
effort for the child at the level of funding prior to access to merged funding services
through the community planning team.
(e) Any agency not participating in a consensus decision of the community planning team
will remain solely responsible for the funding of particular services for which the
child and/or the child's family may be otherwise eligible from that agency pursuant
to state and federal law.
(f) Nothing in this chapter shall abridge the rights of children and families to appeal
the denial of services sought from any agency or other adverse agency decisions made
by any agency participating in the community planning team process pursuant to other
provisions of state or federal law.
(g) Any community planning team member, whether a family or agency representative, aggrieved
by any decision, action, or failure to act on the part of the community planning team
may access the dispute resolution process as provided for in regulations enacted pursuant
to this chapter.