§ 42-72.7-4. Operations. (a) Community planning team decisions about the provision of appropriate services to a child and his or her 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 which 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 which had been providing those services; provided, that if different or additional services are recommended by the community planning team, the agency or agencies which 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 his or her 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.

History of Section. (P.L. 1998, ch. 69, § 1; P.L. 1998, ch. 415, § 1.)