[Code of Federal Regulations]

[Title 42, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR51.23]



[Page 156-157]

 

                         TITLE 42--PUBLIC HEALTH

 

    CHAPTER I--PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN 

                                SERVICES

 

PART 51_REQUIREMENTS APPLICABLE TO THE PROTECTION AND ADVOCACY FOR 

INDIVIDUALS WITH MENTAL ILLNESS PROGRAM--Table of Contents

 

             Subpart B_Program Administration and Priorities

 

Sec.  51.23  Advisory council.



    (a) Each P&A system shall establish an advisory council to:

    (1) Provide independent advice and recommendations to the system.

    (2) Work jointly with the governing authority in the development of 

policies and priorities.

    (3) Submit a section of the system's annual report as required under 

Sec.  51.8.

    (b) Members of the council shall include attorneys, mental health 

professionals, individuals from the public who are knowledgeable about 

mental illness, the advocacy needs of persons with mental illness and 

have demonstrated a substantial commitment to improving mental health 

services, a provider of mental health services, individuals who have 

received or are receiving mental health services and family members of 

such individuals. Continuing efforts shall be made to include members of 

racial and ethnic minority groups on the advisory council.

    (1) At least 60 percent of the membership of the advisory council 

shall be comprised of individuals who have received or are receiving 

mental health services or who are family members of such individuals. At 

least one family member shall be a primary care giver for an individual 

who is currently a minor child or youth who is receiving or has received 

mental health services;

    (2) The council shall be chaired by an individual who has received 

or is receiving mental health services or who is a family member of such 

an individual;



[[Page 157]]



    (3) The advisory council shall meet no less than three times 

annually. The terms of council members shall be staggered and for 4 

years except that any member appointed to fill a vacancy for an 

unexpired term shall serve for the remainder of such term. A member who 

has been appointed for a term of 4 years may not be reappointed to the 

council during the 2-year period beginning on the date on which such 4-

year term expired.

    (c) Each P&A system shall provide its advisory council with reports, 

materials and fiscal data to enable review of existing program policies, 

priorities and performance outcomes. Such submissions shall be made at 

least annually and shall report expenditures for the past two fiscal 

years, as well as projected expenses for the next fiscal year, 

identified by budget category (e.g., salary and wages, contract for 

services, administrative expenses) including the amount allotted for 

training of each the advisory council, governing board and staff.

    (d) Reimbursement of expenses. (1) Allotments may be used to pay for 

all or a part of the expenses incurred by members of the advisory 

council in order to participate in its activities. Expenses may include 

transportation costs, parking, meals, hotel costs, per diem expenses, 

stipends or subsistence allowances, and the cost of day care or child 

care (or its equivalent for the child's travel and subsistence expenses) 

for their dependents with mental illness or developmental disabilities.

    (2) Each P&A system shall establish its own policies and procedures 

for reimbursement of expenses of council members, taking into account 

the needs of individual council members, available resources, and 

applicable restrictions on use of grant funds, including the 

restrictions in Sec. Sec.  51.31(e) and 51.6(e).



    Effective Date Note: At 62 FR 53564, Oct. 15, 1997, Sec.  51.23 was 

added. This section contains information collection and recordkeeping 

requirements and will not become effective until approval has been given 

by the Office of Management and Budget.