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or the recipient’s representative and is based upon the input of a treatment team that meets the requirements of (c) of this section. (b) By signing a behavioral health treatment plan, a directing clinician attests that in the directing clinician’s professional judgment the services called for in the behavioral health treatment plan are
(1) appropriate to the recipient’s needs;
(2) delivered at an adequate skill level; and
(3) achieving the treatment goals. (c) A behavioral health treatment team for a recipient under 18 years of age
(1) must include
(A) the recipient;
(B) the recipient’s family members, including parents, guardians, and others similarly involved in providing general oversight of the recipient;
(C) a staff member of the subunit of the Department of Family and Community Services responsible for children’s services, if the recipient is in the state’s protective custody or supervision;
(D) a staff member of the division in the Department of Family and Community Services responsible for juvenile justice, if the recipient is in that agency’s custody or care;
(E) the directing clinician; and
(F) the case manager, if the recipient is a child experiencing a severe emotional disturbance; and
(2) may include
(A) if the recipient currently resides within an alternative living arrangement, including foster care, residential child care, or an institution, a representative of that facility;
(B) if the recipient is currently unable to succeed in a school, a representative from the recipient’s public, private, or home educational system, including a teacher, special education consultant, speech therapist, or other representative involved in the recipient’s education. (d) All members of the behavioral health treatment team shall attend meetings of the team in person or by means of a telehealth modality and be involved in team decisions unless the clinical record documents that
(1) the other team members determine that participation by the recipient or other individual involved with the care of the recipient is detrimental to the recipient’s well-being;