Children’s mental health
Laws and rules

The following list includes many statutes, laws, and rules governing services to children and youth with mental health needs. Please note that some of these regulate services only available to children covered by Minnesota Health Care Programs.

Minnesota statutes/laws

The Minnesota Comprehensive Children’s Mental Health Act establishes basic standards for children’s mental health services in Minnesota. It is primarily directed at counties, which are designated as local mental health authorities.

Children’s Therapeutic Services and Supports establishes policies and practices for certification and coverage of mental health services for children who require varying therapeutic and rehabilitative levels of intervention.
256B.0943 Subd. 1 – Subd. 13

Children’s Mental Health Crisis Response Services establishes policies and practices for certification and coverage of crisis response services for children with mental health emergencies.
256B.0944 Subd. 1 – Subd. 11

Services for Children with Severe Emotional Disturbance establishes conditions for counties’ responsibility for the provision and payment for residential services for children with severe emotional disturbance.
256B.0945 Subd. 1 – Subd. 4

Minnesota rules

An administrative rule is a general statement adopted by an agency to make the law it enforces or administers more specific or to govern the agency’s organization or procedure. An agency may adopt a rule only after the legislature has enacted a law granting this authority to the agency. An agency rule that is adopted under the rulemaking provisions of Minnesota Statutes, Chapter 14, has the force and effect of law. Rulemaking in Minnesota: A Guide explains each step of the rulemaking process in Minnesota.

Rule 9520 (formerly Rule 29) establishes standards for treatment, staffing, and quality assurance standards for community mental health centers and clinics in Minnesota. Compliance with this rule is required for certain categories of Medical Assistance payments and certain types of private insurance reimbursement.

Rule 9505 (formerly Rule 47) is the state rule that governs Minnesota health care programs reimbursement for client and provider eligibility criteria, the client application process, county determination procedures, third party liability, assignment of rights to medical support, reimbursement for outpatient services, and service standards.

Rule 9520 (formerly Rule 79) establishes standards and procedures for mental health case management services in Minnesota for children with severe emotional disturbance. These standards apply to case managers who are employed by the county or under contract with the county.

Note additional standards for children’s mental health case management are contained in the Children’s Mental Health Act:

Rule 2960 (“Umbrella Rule”) - Licensure and Certification of Certain Programs for Children) establishes certification standards for children’s mental health residential facilities in Minnesota. Compliance with this rule is required for facilities that provide residential mental health treatment for children with severe emotional disturbance.

This chapter governs the licensing of providers of residential care and treatment or detention or foster care services for children in out-of-home placement. This chapter contains the licensing requirements for residential facilities and foster care and program certification requirements for program services offered in the licensed facilities.

The purpose of residential care is to provide temporary care or treatment for children in need of out-of-home care or treatment which is determined to meet the child’s individual needs and is consistent with the timelines in Minnesota Statutes, Section 260D. The license holder must cooperate with and give support to the efforts of the placing agency regarding permanency planning for children in out-of-home placement.


Additional Standards for Group Residential Settings

Additional Standards for Detention Settings

Program Certification Standards for Secure Programs

Chemical Dependency Treatment Program Certification Standards

Certification Standards for Shelter Care Services

Certification Standards for Correctional Program Services

Certification Standards for Residential Mental Health Treatment for Children with Emotional Disturbance

Certification Standards; Restrictive Procedures

Requirements: Foster Family and Residence Settings, and Treatment Foster Care

Additional Requirements for Foster Residence Settings

Additional statutes related to children’s mental health treatment services:

Antipsychotic and Attention Deficit Disorder and Attention Deficit Hyperactivity Disorder Medications

Benefits for Ambulatory Mental Health Services

Child in Voluntary Foster Care for Treatment

Coordinated Interagency Services for Children with Disabilities

Coverage for Court-Ordered Mental Health Services

Covered Services (community mental health centers, interpreter services, mental health care management, special education services, telemedicine, etc.)

Integrated Dual Diagnosis Treatment

Intensive Rehabilitative Mental Health Services (Youth Act)

Investigation; Physical and Mental Examination (juvenile justice mental health screening)

Local Children’s Mental Health Collaborative

Mental Health and Chemical Dependency Services (parity)

Mental Health Coverage Minimum Standards for Medically Necessary Care

Mental Health Urgent Care and Psychiatric Consultation

Nonformulary Antipsychotic Drugs; Required Coverage

Restrictive Procedures Planning and Reporting (seclusion and restraints)

Statutes Index: Mental Health Services

Changes in Law by Year

2013 session (PDF)

2012 session (PDF)

2011 session (PDF)

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