ROBERT L. EHRLICH, JR., Governor                             Ch. 428

(II)     LESS ANY ADMINISTRATIVE COSTS INCURRED BY THE
DEPARTMENT, THE DEPARTMENT OF JUVENILE JUSTICE, AND THE DEPARTMENT OF
HUMAN RESOURCES IN IMPLEMENTING THE PROGRAMS REQUIRED UNDER THIS
SECTION; AND

(III)   SUBJECT TO ADJUSTMENT IN ACCORDANCE WITH SUBSECTION
(E) OF THIS SECTION.

(2)      THE FUNDS PROVIDED UNDER PARAGRAPH (1) OF THIS SUBSECTION
SHALL BE USED BY THE SUBCABINET FOR CHILDREN, YOUTH, AND FAMILIES TO
CREATE AN INTERAGENCY POOL OF FUNDS TO PROVIDE SERVICES TO CHILDREN
WITH DISABILITIES.

(3)      THE POOL OF INTERAGENCY FUNDS ESTABLISHED UNDER THIS
SUBSECTION SHALL BE USED TO FUND THE COMMUNITY-BASED SERVICES AND
COMMUNITY-BASED OUT-OF-HOME PLACEMENTS NEEDED BY CHILDREN WITH
MENTAL OR DEVELOPMENTAL DISABILITIES NOT IN STATE CUSTODY, REGARDLESS
OF ELIGIBILITY FOR THE STATE MEDICAL ASSISTANCE PROGRAM, IF:

(I)      THE CHILD IS IN AN OUT-OF-HOME PLACEMENT AND HAS
BEEN RECOMMENDED FOR DISCHARGE BUT THE CHILD'S FAMILY IS UNWILLING OR
UNABLE TO HAVE THE CHILD RETURN HOME; OR

(II)     THE CHILD REMAINS IN THE HOME BUT THE CHILD'S FAMILY IS
UNABLE TO PROVIDE APPROPRIATE CARE FOR THE CHILD WITHOUT ADDITIONAL
SERVICES AND THE CHILD IS EITHER AT RISK OF REQUIRING AN OUT-OF-HOME
PLACEMENT OR THE TREATING PROFESSIONALS HAVE RECOMMENDED AN
OUT-OF-HOME PLACEMENT.

(D)     (1) THE GOVERNOR'S OFFICE FOR CHILDREN, YOUTH, AND FAMILIES
SHALL ADOPT REGULATIONS TO CARRY OUT THE PROVISIONS OF SUBSECTION (C)(3)
OF THIS SECTION.

(2) THE REGULATIONS SHALL:

(I)      INCLUDE THE CRITERIA FOR ELIGIBILITY AND FOR
PRIORITIZATION OF ELIGIBLE CHILDREN; AND

(II)     BE DEVELOPED WITH INPUT FROM PARENTS OF A CHILD WITH
DISABILITIES, GROUPS REPRESENTING FAMILIES OF POTENTIALLY ELIGIBLE
CHILDREN, ADVOCACY ORGANIZATIONS, THE PROTECTION AND ADVOCACY SYSTEM
FOR PERSONS WITH DISABILITIES, PROVIDERS, LOCAL AGENCIES SERVING
CHILDREN WITH DISABILITIES, AND SUBCABINET AGENCIES.

(E)     (1) NOTHING IN THIS SECTION IS INTENDED TO RESULT IN THE
REDUCTION OF FEDERAL FUNDS AVAILABLE TO THE DEPARTMENT OF HUMAN
RESOURCES OR THE DEPARTMENT OF JUVENILE JUSTICE UNDER TITLE IV-E OF THE
SOCIAL SECURITY ACT FOR THE ROOM AND BOARD COSTS OF ELIGIBLE RESIDENTIAL
CARE.

(2) IF, AS A RESULT OF ACTIONS TAKEN UNDER THIS SECTION, THE
FEDERAL MATCHING FUNDS AVAILABLE TO THE DEPARTMENT OF HUMAN

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