(1) To the extent funding is appropriated for this purpose, intensive behavior support services may be provided by the department, directly or by contract, to children who have developmental disabilities and intense behaviors and to their families.

     (2) The department shall be the lead administrative agency for children's intensive behavior support services and shall:

     (a) Collaborate with appropriate parties to develop and implement the intensive in-home support services program within the division of developmental disabilities;

     (b) Use best practices and evidence-based practices;

     (c) Provide coordination and planning for the implementation and expansion of intensive in-home services;

     (d) Contract for the provision of intensive in-home and planned out-of-home services;

     (e) Monitor and evaluate services to determine whether the program meets standards identified in the service contracts;

     (f) Collect data regarding the number of families served, and costs and outcomes of the program;

     (g) Adopt appropriate rules to implement the program;

     (h) License out-of-home respite placements on a timely basis; and

     (i) Maintain an appropriate staff-to-client ratio.

     (3) A child may receive intensive behavior support services when the department has determined that:

     (a) The child is under the age of twenty-one;

     (b) The child has a developmental disability and has been determined eligible for these services;

     (c) The child/family acuity scores are high enough in the assessment conducted by the division of developmental disabilities to indicate the child's behavior puts the child or family at significant risk or is very likely to require an out-of-home placement;

     (d) The child meets eligibility for the home and community-based care waiver;

     (e) The child resides in his or her family home or is temporarily in an out-of-home placement with a plan to return home;

     (f) The family agrees to participate in the program and complete the care and support steps outlined in the completed individual support plan; and

     (g) The family is not subject to an unresolved child protective services referral.

[2009 c 194 § 2.]