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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
]]]] 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 2 RELATING TO JUVENILES; AMENDING CHAPTER 5, TITLE 20, IDAHO CODE, BY THE ADDI- 3 TION OF A NEW SECTION 20-511A, IDAHO CODE, TO SET FORTH PROVISIONS REQUIR- 4 ING MENTAL HEALTH ASSESSMENTS AND PLANS OF TREATMENT FOR JUVENILES UNDER 5 CERTAIN CIRCUMSTANCES IN PROCEEDINGS UNDER THE JUVENILE CORRECTIONS ACT OR 6 THE CHILD PROTECTIVE 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: 11 20-511A. MENTAL HEALTH ASSESSMENTS AND PLANS OF TREATMENT. (1) A judge of 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. 2 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 RS15034 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 treatment. Contact: Name: Patricia Tobias Administrative Director of the Courts Phone:(208) 334-2246 Statement of Purpose/Fiscal Note S 1165