2005 Legislation
Print Friendly

SENATE BILL NO. 1165 – Juveniles, mental health assessment


View Bill Status

View Bill Text

View Statement of Purpose / Fiscal Impact

Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status

S1165................................................by JUDICIARY AND RULES
JUVENILES - MENTAL HEALTH ASSESSMENTS - Adds to existing law relating to
juveniles to set forth provisions requiring mental health assessments and
plans of treatment for juveniles under certain circumstances in proceedings
under the Juvenile Corrections Act or the Child Protective Act.
02/28    Senate intro - 1st rdg - to printing
03/01    Rpt prt - to Jud
03/08    Rpt out - rec d/p - to 2nd rdg
03/09    2nd rdg - to 3rd rdg
03/17    3rd rdg - PASSED - 33-0-1, 1 vacancy
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai, Marley, McKenzie, Pearce, Richardson,
      Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- McGee, (District 21 seat vacant)
    Floor Sponsors - Darrington & Burkett
    Title apvd - to House
03/18    House intro - 1st rdg - to Jud
03/22    Rpt out - rec d/p - to 2nd rdg
03/23    2nd rdg - to 3rd rdg
    Rls susp - PASSED - 69-0-1
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bedke, Bell,
      Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark,
      Collins, Crow, Deal, Denney, Edmunson(Barker), Ellsworth, Eskridge,
      Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson,
      Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews,
      McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini,
      Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
      Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
      Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,
      Wills, Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Bayer
    Floor Sponsor - Smith(24)
    Title apvd - to Senate
03/24    To enrol
03/25    Rpt enrol - Pres signed
03/28    Sp signed
03/29    To Governor
04/01    Governor signed
         Session Law Chapter 223
         Effective: 07/01/05

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                       IN THE SENATE
                                    SENATE BILL NO. 1165
                              BY JUDICIARY AND RULES COMMITTEE
  1                                        AN ACT
  7    Be It Enacted by the Legislature of the State of Idaho:
  8        SECTION 1.  That Chapter 5, Title 20, Idaho Code,  be,  and  the  same  is
  9    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 10    ignated as Section 20-511A, Idaho Code, and to read as follows:
 12    any court shall order the department of health and welfare to submit appropri-
 13    ate mental health assessments and a plan of treatment for the court's approval
 14    if at any stage of a proceeding under this chapter  or  the  child  protective
 15    act,  chapter  16,  title 16, Idaho Code, a judge has reason to believe, based
 16    upon the record and proceedings of the court or upon an affidavit of a  party,
 17    state  or county agency or any person having physical custody of the juvenile,
 18    that the juvenile:
 19        (a)  Is suffering a substantial increase or persistence of a serious  emo-
 20        tional  disturbance  as  defined  in  section  16-2403,  Idaho Code, which
 21        impairs his or her ability to comply with the orders and directives of the
 22        court, or which presents a risk to the juvenile's safety or well-being  or
 23        the safety of others; and
 24        (b)  Such condition has not been adequately addressed with supportive ser-
 25        vices  and/or  corrective measures previously provided to the juvenile, or
 26        the juvenile's needs with respect to the serious emotional disturbance are
 27        not being met or have not been met.
 28        (2)  The court may convene a screening team consisting of  representatives
 29    from  the  department  of  health  and welfare, county probation, local school
 30    officials, the department of juvenile corrections  and/or  other  agencies  or
 31    persons  designated  by  the court to review the plan of treatment and provide
 32    written recommendations to the court. Parents and guardians of  the  juvenile,
 33    if  available,  shall  be  included  in  the screening team and consulted with
 34    regard to the plan of treatment.
 35        (3)  If the court, after receiving the mental health assessment  and  plan
 36    of  treatment submitted by the department of health and welfare and any recom-
 37    mendations from the screening team, determines that additional information  is
 38    necessary  to determine whether the conditions set forth in subsections (1)(a)
 39    and (1)(b) of this section are present, or to determine an appropriate plan of
 40    treatment for the juvenile, the court may order an evaluation and/or recommen-
 41    dations for treatment to be furnished by a psychiatrist, licensed physician or
 42    licensed psychologist, with the expenses of such evaluation and/or recommenda-
 43    tions to be borne by the department of health and welfare.
  1        (4)  If the court concludes that the conditions set forth  in  subsections
  2    (1)(a)  and  (1)(b)  of  this  section  are present, the plan of treatment, as
  3    approved by the court, shall be entered into the record as  an  order  of  the
  4    court. The department of health and welfare shall provide mental health treat-
  5    ment  as  designated by the approved plan of treatment. If in-patient or resi-
  6    dential treatment is required as part of the  plan  of  treatment,  the  court
  7    shall  hold a hearing on whether to order such treatment unless the hearing is
  8    waived by the juvenile and the juvenile's  parents or   guardians.  The  court
  9    may  order  parents,  legal guardians or custodians to adhere to the treatment
 10    designated in the plan of treatment. Representatives from  the  department  of
 11    health  and  welfare, county probation, local school officials, the department
 12    of juvenile corrections and/or other agencies or  persons  designated  by  the
 13    court shall attend case review hearings as scheduled by the court.
 14        (5)  All  costs  associated  with  assessment  and  treatment shall be the
 15    responsibility of the parents of the juvenile according to  their  ability  to
 16    pay  based upon the sliding fee scale established pursuant to section 16-2433,
 17    Idaho Code. The financial obligation of the family shall be  determined  after
 18    consideration of all available payment and funding sources including title XIX
 19    of the social security act, as amended, all available third party sources, and
 20    parent  resources  according  to any order for child support under chapter 10,
 21    title 32, Idaho Code. Services shall not be conditioned upon transfer of  cus-
 22    tody or parental rights.

Statement of Purpose / Fiscal Impact

                      STATEMENT OF PURPOSE
    Judges handling Juvenile Corrections Act or Child
    Protective Act cases sometimes find that the juvenile before
    them is suffering from severe emotional disturbance that
    needs to be addressed promptly and appropriately.  This bill
    is intended to provide a procedure for obtaining prompt
    assessment and treatment of the mental health needs of the
    juvenile at any stage of these proceedings.
    This bill would provide that courts hearing JCA or CPA
    cases could order a mental health assessment and preparation
    of a plan of treatment for juveniles who appear to be
    suffering severe emotional disturbance (SED).  Such orders
    could be issued when the court has reason to believe that
    the juvenile is suffering SED that:  (1) impairs his or her
    ability to comply with the orders of the court, or presents
    a risk to the juvenile's well-being, or the safety of the
    juvenile or others; and (2) the juvenile's needs are not
    being met with the services thus far provided.
         The bill would also allow the court to convene a
    screening team, drawn from a wide range of agencies and
    including the child's parents or guardians, to provide
    recommendations for the court.  The court could also order
    an additional evaluation and recommendations for treatment
    when needed.
         If the court concluded that the requisite conditions
    were present, the plan of treatment would become an order of
    the court, and the Department of Health and Welfare would
    provide the mental health treatment designated in the plan
    of treatment.  Any residential or in-patient treatment could
    be ordered only after a hearing or waiver of a hearing by
    the juvenile and the juvenile's parents or guardians. 
    Financial obligations of the juvenile's parents would be
    determined in a manner consistent with the corresponding
    provisions of the Children's Mental Health Services Act.
                          FISCAL NOTE

    This bill provides a new procedure for the assessment
    and treatment of juveniles in JCA and CPA cases, but the
    extent to which it would actually require new services, and
    therefore have any fiscal impact, is uncertain.  The
    Department of Health and Welfare currently has the duty of
    providing assessments and recommendations for treatment of
    juveniles in such cases.  This bill would insure that such
    services could be ordered at an early stage of the
    proceedings if the criteria for such an order are met.  Such
    early evaluations will in many cases facilitate the
    resolution of the cases, and may therefore result in savings
    that will offset the costs of any additional assessment and
    Name: Patricia Tobias
          Administrative Director of the Courts
    Phone:(208) 334-2246
    Statement of Purpose/Fiscal Note                 S 1165