Subpart 1.
Persons to receive
information and plan the child's services.
Except as specified in subparts
3 and
4, when family community
support services are requested for a child or the child is referred for family
community support services, the child's parent or legal representative, if any,
has the right to:
A. receive the
notices and information specified in parts
9535.4000 to
9535.4070;
B. make decisions about family community
support services for the child; and
C. be included in planning the family
community support services available to the child under parts
9535.4000 to
9535.4070.
Subp. 2.
Child's receipt of information
and inclusion in planning services.
A child who is at least 12 years of age has the right to
receive and a child who is less than 12 years of age may receive the notices
and information specified under parts
9535.4000 to
9535.4068 and be included in
planning family community support services available to the child under parts
9535.4000 to
9535.4068 unless these actions are
determined by a mental health professional to be clinically inappropriate for
the child's mental health needs. If the mental health professional determines
that receiving information and participating are clinically inappropriate for
the child's mental health needs, the reasons for the determination must be
documented in the child's case record.
Subp. 3.
Circumstances when person
other than parent has the right to consent and authorize family community
support services.
Consent and authorization for family community support
services must be obtained from the child's parent unless otherwise obtained in
accordance with Minnesota Statutes, section
245.4876,
subdivision 5.
Subp. 4.
Petition filed or court order issued.
If a petition has been filed under Minnesota Statutes,
chapter 260, or a court order has been issued under Minnesota Statutes, section
260C.148
or
260C.151, and a
guardian ad litem appointed, and if consent for family community support
services has not been otherwise obtained from the child's parent or legal
representative or the child, the local agency may request a court order under
Minnesota Statutes, chapter 260, to authorize family community support services
for the child.
Notes
Minn. R. agency 196, ch. 9535, FAMILY COMMUNITY SUPPORT SERVICE, pt. 9535.4023
18 SR 1519;
L
1999 c 139 art 4
s
2
Statutory Authority: MS s
245.484
