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MASSACHUSETTS STATUTES AND CODES

Section 13 Development and maintenance of community mental retardation services

Section 13. The department shall develop and maintain, subject to appropriation and in accordance with its standards, comprehensive community mental retardation services including specialized services for both children and adults.

Major consideration shall be given to: (a) diagnostic, evaluation and reevaluation services; (b) various treatment services; (c) various training programs; (d) preschool clinical services; (e) long and short-term day and night care residential services for various purposes; (f) mental retardation consultation and education services to community agencies and professional personnel; (g) employment opportunities for department clients; (h) locally-based service delivery; and (i) support services to enable clients to live in apartment housing in the community.

Mental retardation services shall also, where applicable, include: (a) research programs including evaluation of effectiveness and efficiency of the various programs of the department; and (b) preventive services.

The services described in this section may, unless otherwise provided in this chapter or by departmental regulation, be developed through commonwealth-operated facilities or, subject to appropriation, by contracts for services. Those eligible for participation in any one service must be eligible for and have access to other services made available by the department. Services shall be offered without discrimination to all people who are eligible, except where specialized programs are developed such as for children or the aging, provided that within such specialized categories the services shall be equally available to all such persons who are eligible.

Notwithstanding any provision of law to the contrary, all revenues received by the community mental retardation facilities operated by the department shall be deposited in one or more trust funds in the state treasury of which the commissioner shall be trustee and may be expended by the department for the operation and maintenance of such community mental retardation facilities and may be further expended for the management, stabilization, and delivery of mental retardation services by and through such community mental retardation facilities and other affiliated service providing agencies; provided, that all expenditures from said trust funds so made shall conform to standard state accounting procedures and such further requirements as prescribed by the comptroller; provided further, that the commissioner in his capacity as trustee shall report monthly to the commissioner of administration and to the house and senate committees on ways and means such revenues and reimbursements received and expenditures made; and provided further, that whenever any such trust fund ceases to be operative, all monies remaining in such fund shall accrue to the General Fund.

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