ROBERT L. EHRLICH, JR., Governor                            S.B. 554

(II) (III) SUBJECT TO THE 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) IF FUNDS ARE PROVIDED UNDER SUBSECTION (C) OF THIS SECTION,
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
RESOURCES AND THE DEPARTMENT OF JUVENILE JUSTICE UNDER TITLE IV-E OF
THE SOCIAL SECURITY ACT ARE REDUCED BECAUSE THE PERCENTAGE OF
RESIDENTIAL CARE COSTS ALLOCATED TO TITLE IV-E IS REDUCED, THE GOVERNOR
SHALL ADJUST THE AMOUNT OF FUNDS PROVIDED UNDER SUBSECTION (C) OF THIS

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