---
kind: "section"
citation: "42 U.S.C. § 300x–3"
title: "42"
title_heading: "The Public Health and Welfare"
number: "300x–3"
heading: "State mental health planning council"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/300x-3"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter XVII — Block Grants"
  - "Part B — Block Grants Regarding Mental Health and Substance Use"
  - "Subpart i — block grants for community mental health services"
---

# §300x–3. State mental health planning council

- (a) **In general—** A [funding agreement](/usc/42/300x–8.md?p=2) for a grant under [section 300x of this title](/usc/42/300x.md) is that the [State](/usc/42/201.md?p=f) involved will establish and maintain a [State](/usc/42/201.md?p=f) mental health planning council in accordance with the conditions described in this section.
- (b) **Duties—** A condition under [subsection (a)](#a) for a Council is that the duties of the Council are—
  - (1) to review plans provided to the Council pursuant to [section 300x–4(a) of this title](/usc/42/300x–4.md?p=a) by the [State](/usc/42/201.md?p=f) involved and to submit to the [State](/usc/42/201.md?p=f) any recommendations of the Council for modifications to the plans;
  - (2) to serve as an advocate for [adults with a serious mental illness](/usc/42/300x–8.md?p=1), children with a severe emotional disturbance, and other individuals with mental illnesses or emotional problems; and
  - (3) to monitor, review, and evaluate, not less than once each year, the [allocation](/usc/42/2021b.md?p=2) and adequacy of mental health [services](/usc/42/201.md?p=a) within the [State](/usc/42/201.md?p=f).
- (c) **Membership—**
  - (1) **In general—** A condition under [subsection (a)](#a) for a Council is that the Council be composed of residents of the [State](/usc/42/201.md?p=f), including representatives of—
    - (A) the principal [State agencies](/usc/42/300s–3.md?p=12) with respect to—
      - (i) mental health, education, vocational rehabilitation, criminal justice, housing, and social [services](/usc/42/201.md?p=a); and
      - (ii) the development of the plan submitted pursuant to title XIX of the Social Security Act [[42 U.S.C. 1396](/usc/42/1396.md) et seq.];
    - (B) public and private entities concerned with the need, planning, operation, funding, and use of mental health [services](/usc/42/201.md?p=a) and related support [services](/usc/42/201.md?p=a);
    - (C) adults with serious mental illnesses who are receiving (or have received) mental health [services](/usc/42/201.md?p=a); and
    - (D) the families of such adults or families of children with emotional disturbance.
  - (2) **Certain requirements—** A condition under [subsection (a)](#a) for a Council is that—
    - (A) with respect to the membership of the Council, the ratio of parents of [children with a serious emotional disturbance](/usc/42/300x–8.md?p=1) to other members of the Council is sufficient to provide adequate representation of such children in the deliberations of the Council; and
    - (B) not less than 50 percent of the members of the Council are individuals who are not [State](/usc/42/201.md?p=f) [employees](/usc/42/300gg–91.md?p=d-5) or [providers](/usc/42/299b–21.md?p=8) of mental health [services](/usc/42/201.md?p=a).
- (d) **“Council” defined—** For purposes of this section, the term “Council” means a [State](/usc/42/201.md?p=f) mental health planning council.

## Source credit

(July 1, 1944, ch. 373, title XIX, § 1914, as added Pub. L. 102–321, title II, § 201(2), July 10, 1992, 106 Stat. 382.)

## Notes

### Editorial Notes

### References in Text

The Social Security Act, referred to in subsec. (c)(1)(A)(ii), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XIX of the Act is classified generally to subchapter XIX (§ 1396 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables.

### Prior Provisions

A prior section 300x–3, act July 1, 1944, ch. 373, title XIX, § 1915, formerly § 1914, as added Aug. 13, 1981, Pub. L. 97–35, title IX, § 901, 95 Stat. 545; renumbered § 1915 and amended Oct. 19, 1984, Pub. L. 98–509, title I, §§ 105(b), 106(a), (b), (d), (g), 98 Stat. 2358, 2359; Nov. 18, 1988, Pub. L. 100–690, title II, §§ 2024–2026, 102 Stat. 4198, 4199; Aug. 16, 1989, Pub. L. 101–93, § 2(d), 103 Stat. 606; Nov. 28, 1990, Pub. L. 101–639, § 3(a)(2), 104 Stat. 4601, related to the use of grant allotments for alcohol, drug abuse, and mental health services, prior to repeal by Pub. L. 102–321, § 201(2).

A prior section 1914 of act July 1, 1944, was classified to section 300x–2 of this title prior to repeal by Pub. L. 102–321.