Subdivision 1.

Admission criteria.

(a) Prior to admission or placement, except in the
case of an emergency, all children referred for treatment of severe emotional disturbance
in a treatment foster care setting, residential treatment facility, or informally admitted to a
regional treatment center shall undergo an assessment to determine the appropriate level of
care if public funds are used to pay for the new text beginchild's new text endservices.

(b) The responsible social services agency shall determine the appropriate level of care
for a child when county-controlled funds are used to pay for the child's services or placement
in a qualified residential treatment facility under chapter 260C and licensed by the
commissioner under chapter 245A. In accordance with section 260C.157, a juvenile treatment
screening team shall conduct a screeningnew text begin of a childnew text end before the team may recommend whether
to place a child in a qualified residential treatment program as defined in section 260C.007,
subdivision 26d. When a social services agency does not have responsibility for a child's
placement and the child is enrolled in a prepaid health program under section 256B.69, the
enrolled child's contracted health plan must determine the appropriate level of carenew text begin for the
childnew text end. When Indian Health Services funds or funds of a tribally owned facility funded under
the Indian Self-Determination and Education Assistance Act, Public Law 93-638, are to be
usednew text begin for a childnew text end, the Indian Health Services or 638 tribal health facility must determine the
appropriate level of carenew text begin for the childnew text end. When more than one entity bears responsibility fornew text begin
a child'snew text end coverage, the entities shall coordinate level of care determination activitiesnew text begin for the
childnew text end to the extent possible.

(c) The responsible social services agency must make thenew text begin child'snew text end level of care
determination available to thenew text begin child'snew text end juvenile treatment screening team, as permitted under
chapter 13. The level of care determination shall inform the juvenile treatment screening
team process and the assessment in section 260C.704 when considering whether to place
the child in a qualified residential treatment program. When the responsible social services
agency is not involved in determining a child's placement, the child's level of care
determination shall determine whether the proposed treatment:

(1) is necessary;

(2) is appropriate to the child's individual treatment needs;

(3) cannot be effectively provided in the child's home; and

(4) provides a length of stay as short as possible consistent with the individual child's
deleted text begin needdeleted text endnew text begin needsnew text end.

(d) When a level of care determination is conducted, the responsible social services
agency or other entity may not determine that a screeningnew text begin of a childnew text end under section 260C.157
or referral or admission to a treatment foster care setting or residential treatment facility is
not appropriate solely because services were not first provided to the child in a less restrictive
setting and the child failed to make progress toward or meet treatment goals in the less
restrictive setting. The level of care determination must be based on a diagnostic assessmentnew text begin
of a childnew text end that includes a functional assessment which evaluatesnew text begin the child'snew text end family, school,
and community living situations; and an assessment of the child's need for care out of the
home using a validated tool which assesses a child's functional status and assigns an
appropriate level of carenew text begin to the childnew text end. The validated tool must be approved by the
commissioner of human servicesnew text begin and may be the validated tool approved for the child's
assessment under section 260C.704 if the juvenile treatment screening team recommended
placement of the child in a qualified residential treatment programnew text end. If a diagnostic assessment
including a functional assessment has been completed by a mental health professional within
the past 180 days, a new diagnostic assessment need not be completed unless in the opinion
of the current treating mental health professional the child's mental health status has changed
markedly since the assessment was completed. The child's parent shall be notified if an
assessment will not be completed and of the reasons. A copy of the notice shall be placed
in the child's file. Recommendations developed as part of the level of care determination
process shall include specific community services needed by the child and, if appropriate,
the child's family, and shall indicate whether deleted text beginor notdeleted text end these services are available and accessible
to the child andnew text begin the child'snew text end family.

(e) During the level of care determination process, the child, child's family, or child's
legal representative, as appropriate, must be informed of the child's eligibility for case
management services and family community support services and that an individual family
community support plan is being developed by the case manager, if assigned.

(f) When the responsible social services agency has authority, the agency must engage
the child's parents in case planning under sections 260C.212 and 260C.708 unless a court
terminates the parent's rights or court orders restrict the parent from participating in case
planning, visitation, or parental responsibilities.

(g) The level of care determination, deleted text beginanddeleted text end placement decision, and recommendations for
mental health services must be documented in the child's record, as required in chapter
260C.

Subd. 26c.

Qualified individual.

"Qualified individual" means a trained culturally
competent professional or licensed clinician, including a mental health professional under
section 245.4871, subdivision 27, who is not an employee of the responsible social services
agency and who is not connected to or affiliated with any placement setting in which a
responsible social services agency has placed children.

new text begin When the Indian Child Welfare Act of 1978, United States Code, title 25, sections 1901
to 1963, applies to a child, the county must contact the child's tribe without delay to give
the tribe the option to designate a qualified individual who is a trained culturally competent
professional or licensed clinician, including a mental health professional under section
245.4871, subdivision 27, who is not employed by the responsible social services agency
and who is not connected to or affiliated with any placement setting in which a responsible
social services agency has placed children. Only a federal waiver that demonstrates
maintained objectivity may allow a responsible social services agency employee or tribal
employee affiliated with any placement setting in which the responsible social services
agency has placed children to be designated the qualified individual.
new text end

Subd. 31.

Sexually exploited youth.

"Sexually exploited youth" means an individual
who:

(1) is alleged to have engaged in conduct which would, if committed by an adult, violate
any federal, state, or local law relating to being hired, offering to be hired, or agreeing to
be hired by another individual to engage in sexual penetration or sexual conduct;

(2) is a victim of a crime described in section 609.342, 609.343, 609.344, 609.345,
609.3451, 609.3453, 609.352, 617.246, or 617.247;

(3) is a victim of a crime described in United States Code, title 18, section 2260; 2421;
2422; 2423; 2425; 2425A; or 2256; deleted text beginor
deleted text end

(4) is a sex trafficking victim as defined in section 609.321, subdivision 7bdeleted text begin.deleted text endnew text begin; or
new text end

new text begin (5) is a victim of commercial sexual exploitation as defined in United States Code, title
22, section 7102(11)(A) and (12).
new text end

Subd. 3.

Juvenile treatment screening team.

(a) The responsible social services agency
shall establish a juvenile treatment screening team to conduct screenings under this chapternew text begin,
chapter 260D,new text end and section 245.487, subdivision 3, for a child to receive treatment for an
emotional disturbance, a developmental disability, or related condition in a residential
treatment facility licensed by the commissioner of human services under chapter 245A, or
licensed or approved by a tribe. A screening team is not required for a child to be in: (1) a
residential facility specializing in prenatal, postpartum, or parenting support; (2) a facility