---
kind: "section"
citation: "25 C.F.R. § 36.91"
title: "25"
number: "36.91"
heading: "What are the program requirements for behavioral health services?"
url: "https://uscodex.org/cfr/25/36.91"
---

# §36.91. What are the program requirements for behavioral health services?

- (a) The homeliving behavioral health program must make available the following services:
  - (1) Behavioral Health Screening/Assessment;
  - (2) Diagnosis;
  - (3) Treatment Plan;
  - (4) Treatment and Placement;
  - (5) Evaluation; and
  - (6) **Record of Services (if applicable, in coordination with the student's Individual Education Plan).**
- (b) Each homeliving behavioral health program must have written procedures for dealing with emergency behavioral health care issues.
- (c) Parents or guardians may opt out of any non-emergency behavioral health services by submitting a written request.
- (d) Parents or guardians must be consulted before a child is prescribed behavioral health.
- (e) **Medication in a non-emergency situation.**

## Notes

### Authority

Authority: 25 U.S.C. 13; 25 U.S.C. 2008; Pub. L. 107-110 (115 Stat. 1425).

### Source

Source: 72 FR 68498, Dec. 5, 2007, unless otherwise noted.

### Authority

Authority: Section 502, 25 U.S.C. 2001; section 5101, 25 U.S.C. 2001; Section 1101, 25 U.S.C. 2002; 5 U.S.C. 301; 25 U.S.C. 2 and 9; 25 U.S.C. 2901, Title I of P.L. 101-477.

### Source

Source: 50 FR 36816, Sept. 9, 1985, unless otherwise noted.
