Section 49-5-220. Legislative findings and intent; State Plan for the Coordinated System of Care for severely emotionally disturbed children or adolescents

   (a) The General Assembly declares its intention and desire to:

   (1) Ensure a comprehensive mental health program consisting of early identification, prevention, and early intervention for every child in Georgia;

   (2) Preserve the sanctity of the family unit;

   (3) Prevent the unnecessary removal of children and adolescents with a severe emotional disturbance from their homes;

   (4) Prevent the unnecessary placement of these children out of state;

   (5) Bring those children home who through use of public funds are inappropriately placed out of state; and

   (6) Develop a coordinated system of care so that children and adolescents with a severe emotional disturbance and their families will receive appropriate educational, nonresidential and residential mental health services, and support services, as prescribed in an individualized plan.

(b) In recognition of the fact that services to these children are provided by several different agencies, each having a different philosophy, a different mandate, and a different source of funding, the General Assembly intends that the Department of Behavioral Health and Developmental Disabilities shall have the primary responsibility for planning, developing, and implementing the coordinated system of care for severely emotionally disturbed children. Further, it recognizes that to enable severely emotionally disturbed children to develop appropriate behaviors and demonstrate academic and vocational skills, it is necessary that the Department of Education provide appropriate education in accordance with P.L. 94-142 and that the Department of Behavioral Health and Developmental Disabilities provide mental health treatment.

(c) Further, in recognition that only a portion of the children needing services are receiving them and in recognition that not all the services that comprise a coordinated system of care are currently in existence or do not exist in adequate numbers, the General Assembly intends that the Department of Behavioral Health and Developmental Disabilities and the Department of Education jointly develop and implement a State Plan for the Coordinated System of Care for severely or emotionally disturbed children or adolescents as defined in paragraph (10) of Code Section 49-5-221.

(d) The commissioner of behavioral health and developmental disabilities and the State School Superintendent shall be responsible for the development and implementation of the state plan.

(e) The commissioner of behavioral health and developmental disabilities shall be responsible for preparing this jointly developed state plan for print or electronic publication and dissemination. The commissioner of behavioral health and developmental disabilities shall also be responsible for preparing for print or electronic publication and dissemination the annual report.

(f) The receipt of services under this article is not intended to be conditioned upon placement of a child in the legal custody, protective supervision, or protection of the Department of Human Services.

Code 1981, § 49-5-220, enacted by Ga. L. 1990, p. 1798, § 1; Ga. L. 2002, p. 1324, § 1-23; Ga. L. 2009, p. 8, § 49/SB 46; Ga. L. 2009, p. 453, § 3-26/HB 228; Ga. L. 2010, p. 838, § 11/SB 388.