2006 Legislation
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HOUSE BILL NO. 675 – Teen early intervention

HOUSE BILL NO. 675

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H0675......................................................by STATE AFFAIRS
TEEN EARLY INTERVENTION - Amends and adds to existing law to permit teen
early intervention counselors to participate on interagency
multidisciplinary teams; to define teens at risk; to provide for
contracting by the Department of Health and Welfare with school districts
for early teen intervention counselors; to authorize the department to
employ teen early intervention counselors; to provide qualifications for
such counselors; to provide procedures for evaluating applications from
school districts;  to create the Teen Early Intervention Fund; to require
that the department gather data on program effectiveness; and to permit
courts to include teen early intervention counselors on screening teams.
                                                                        
02/13    House intro - 1st rdg - to printing
02/14    Rpt prt - to Jud

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 675
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO TEEN EARLY INTERVENTION; AMENDING SECTION 16-1617, IDAHO CODE,  TO
  3        PERMIT  TEEN  EARLY  INTERVENTION COUNSELORS TO PARTICIPATE ON INTERAGENCY
  4        MULTIDISCIPLINARY TEAMS; AMENDING SECTION 16-2403, IDAHO CODE,  TO  DEFINE
  5        "TEENS AT RISK"; AMENDING SECTION 16-2404, IDAHO CODE, TO PROVIDE FOR CON-
  6        TRACTING BY THE DEPARTMENT OF HEALTH AND WELFARE WITH SCHOOL DISTRICTS FOR
  7        TEEN  EARLY  INTERVENTION COUNSELORS; AMENDING CHAPTER 24, TITLE 16, IDAHO
  8        CODE, BY THE ADDITION OF A NEW SECTION 16-2404A, IDAHO CODE, TO  AUTHORIZE
  9        THE  DEPARTMENT  TO  EMPLOY TEEN EARLY INTERVENTION COUNSELORS, TO PROVIDE
 10        QUALIFICATIONS FOR SUCH COUNSELORS, TO PROVIDE PROCEDURES  FOR  EVALUATING
 11        APPLICATIONS  FROM SCHOOL DISTRICTS, TO CREATE THE TEEN EARLY INTERVENTION
 12        FUND AND TO REQUIRE THE DEPARTMENT TO GATHER DATA  ON  PROGRAM  EFFECTIVE-
 13        NESS;  AND   AMENDING  SECTION  20-511A,  IDAHO  CODE, TO PERMIT COURTS TO
 14        INCLUDE TEEN EARLY INTERVENTION COUNSELORS ON SCREENING TEAMS.
                                                                        
 15    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 16        SECTION 1.  That Section 16-1617, Idaho Code, be, and the same  is  hereby
 17    amended to read as follows:
                                                                        
 18        16-1617.  INVESTIGATION  BY  MULTIDISCIPLINARY  TEAMS.  (1)  By January 1,
 19    1997, the prosecuting attorney in each county shall  be  responsible  for  the
 20    development  of  an interagency multidisciplinary team or teams for investiga-
 21    tion of child abuse and neglect referrals within each county. The teams  shall
 22    consist  of,  but  not be limited to, law enforcement personnel, department of
 23    health and welfare child protection risk assessment staff, a representative of
 24    the prosecuting attorney's office, and any other person deemed to be necessary
 25    due to his special training in child abuse investigation.  Other  persons  may
 26    participate in investigation of particular cases at the invitation of the team
 27    and as determined necessary, such as medical personnel, school officials, men-
 28    tal  health  workers,  personnel  from  domestic violence programs, teen early
 29    intervention counselors, persons knowledgeable about  adaptive  equipment  and
 30    supportive services for parents or guardians with disabilities or the guardian
 31    ad litem program.
 32        (2)  The teams shall develop a written protocol for investigation of child
 33    abuse  cases  and  for  interviewing alleged victims of such abuse or neglect,
 34    including protocols for investigations involving a family member with  a  dis-
 35    ability. Each team shall develop written agreements signed by member agencies,
 36    specifying  the role of each agency, procedures to be followed to assess risks
 37    to the child and criteria and procedures to be followed to  ensure  the  child
 38    victim's safety including removal of the alleged offender.
 39        (3)  Each  team  member  shall  be trained in risk assessment, dynamics of
 40    child abuse and interviewing and investigatory techniques.
 41        (4)  Each team shall classify, assess and review a  representative  selec-
 42    tion of cases referred to either the department or to law enforcement entities
 43    for investigation of child abuse or neglect.
                                                                        
                                           2
                                                                        
  1        (5)  Each  multidisciplinary  team shall develop policies that provide for
  2    an independent review of investigation procedures utilized in cases upon  com-
  3    pletion  of  any  court  actions  on those cases. The procedures shall include
  4    independent citizen input. Nonoffending parents of child abuse  victims  shall
  5    be notified of the review procedure.
  6        (6)  Prosecuting  attorneys  of  the  various  counties may determine that
  7    multidisciplinary teams may be most effectively established through the use of
  8    joint exercise of powers agreements among more than one (1)  county  and  such
  9    agreements are hereby authorized.
 10        (7)  Lack  of review by a multidisciplinary team of a particular case does
 11    not defeat the jurisdiction of the court.
                                                                        
 12        SECTION 2.  That Section 16-2403, Idaho Code, be, and the same  is  hereby
 13    amended to read as follows:
                                                                        
 14        16-2403.  DEFINITIONS. As used in this chapter:
 15        (1)  "Child"  means an individual less than eighteen (18) years of age and
 16    not emancipated by either marriage or legal proceeding.
 17        (2)  "Consistent with the least restrictive alternative  principle"  means
 18    that  services  are  delivered in the setting which places the fewest restric-
 19    tions on the personal liberty of the child, and provides the greatest integra-
 20    tion with individuals who do not have disabilities, in typical and age  appro-
 21    priate,  school,  community  and family environments, which is consistent with
 22    safe, effective and cost-effective treatment for the child and family.
 23        (3)  "Department" means the department of health and welfare.
 24        (4)  "Designated examiner" means a psychiatrist, psychologist, psychiatric
 25    nurse, or social worker and such other mental health professionals as  may  be
 26    designated  in accordance with rules promulgated pursuant to the provisions of
 27    chapter 52, title 67, Idaho Code, by the department of health and welfare. Any
 28    person designated by the department director will be  specially  qualified  by
 29    training  and  experience in the diagnosis and treatment of mental or mentally
 30    related illnesses or conditions.
 31        (5)  "Director" means the director of the state department of  health  and
 32    welfare.
 33        (6)  "Emergency" means a situation in which the child's condition, as evi-
 34    denced  by recent behavior, poses a significant threat to the health or safety
 35    of the child, his family or others, or poses a  serious  risk  of  substantial
 36    deterioration  in  the child's condition which cannot be eliminated by the use
 37    of supportive services or intervention  by  the  child's  parents,  or  mental
 38    health  professionals,  and treatment in the community while the child remains
 39    in his family home.
 40        (7)  "Informed consent to treatment" means a knowing and  voluntary  deci-
 41    sion to undergo a specific course of treatment, evidenced in writing, and made
 42    by  an emancipated child, or a child's parent, or guardian, who has the capac-
 43    ity to make an informed decision, after the staff of  the  facility  or  other
 44    provider  of  treatment  have explained the nature and effects of the proposed
 45    treatment.
 46        (8)  "Involuntary treatment" means treatment, services  and  placement  of
 47    children  provided without consent of the parent of a child, under the author-
 48    ity of a court order obtained pursuant to this  chapter,  as  directed  by  an
 49    order  of  disposition  issued  by  a designated employee of the department of
 50    health and welfare under section 16-2415, Idaho Code.
 51        (9)  "Lacks capacity to make an informed  decision  concerning  treatment"
 52    means that the parent is unable to understand the nature and effects of hospi-
 53    talization  or treatment, or is unable to engage in a rational decision-making
                                                                        
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  1    process regarding such  hospitalization  or  treatment,  as  evidenced  by  an
  2    inability  to  weigh  the risks and benefits, despite conscientious efforts to
  3    explain them in terms that the parent can understand.
  4        (10) "Likely to cause harm to himself or to suffer substantial  mental  or
  5    physical  deterioration"  means  that,  as  evidenced  by recent behavior, the
  6    child:
  7        (a)  Is likely in the near future to inflict substantial  physical  injury
  8        upon himself; or
  9        (b)  Is  likely  to  suffer significant deprivation of basic needs such as
 10        food, clothing, shelter, health or safety; or
 11        (c)  Will suffer a substantial increase or persistence of symptoms of men-
 12        tal illness or serious emotional disturbance which is likely to result  in
 13        an  inability  to  function in the community without risk to his safety or
 14        well-being or the safety or well-being of  others,  and  which  cannot  be
 15        treated adequately with available home and community-based outpatient ser-
 16        vices.
 17        (11) "Likely  to  cause harm to others" means that, as evidenced by recent
 18    behavior causing, attempting, or threatening such harm with the apparent abil-
 19    ity to complete the act, a child is likely to cause physical injury or  physi-
 20    cal abuse to another person.
 21        (12) "Protection  and  advocacy system" means the agency designated by the
 22    governor as the state protection and advocacy system  pursuant  to  42  U.S.C.
 23    6042 and 42 U.S.C. 10801 et seq.
 24        (13) "Serious emotional disturbance" means an emotional or behavioral dis-
 25    order, or a neuropsychiatric condition  which results in a serious disability,
 26    and  which  requires sustained treatment interventions, and causes the child's
 27    functioning to be impaired in thought, perception, affect or behavior. A  dis-
 28    order  shall  be  considered  to "result in a serious disability" if it causes
 29    substantial impairment of functioning in family, school or community.  A  sub-
 30    stance abuse disorder does not, by itself, constitute a serious emotional dis-
 31    turbance, although it may coexist with serious emotional disturbance.
 32        (14) "Special therapy" means any treatment modality used to treat children
 33    with  serious  emotional disturbances which is subject to restrictions or spe-
 34    cial conditions imposed by the department of health and welfare rules.
 35        (15) "Surrogate parent" means any person appointed to act in the place  of
 36    the  parent of a child for purposes of developing an individual education pro-
 37    gram under the authority of the individuals with disabilities  education  act,
 38    20 U.S.C. 1400 et seq., as amended.
 39        (16) "Teens  at risk" means children attending Idaho public schools grades
 40    seven (7) through twelve (12) who have been identified as expressing or exhib-
 41    iting indications of depression, suicidal inclination, emotional trauma,  sub-
 42    stance  abuse,  or other behaviors or symptoms that indicate the existence of,
 43    or that may lead to, the development of mental illness or substance abuse.
 44        (17) "Treatment facility" means a facility or program  meeting  applicable
 45    licensing  standards,  that  has  been approved for the provisions of services
 46    under this chapter by the department of health and welfare.
                                                                        
 47        SECTION 3.  That Section 16-2404, Idaho Code, be, and the same  is  hereby
 48    amended to read as follows:
                                                                        
 49        16-2404.  COMMUNITY  SERVICES  AND SUPPORTS AND INTERAGENCY COLLABORATION.
 50    (1) Lead agency. The department of health and welfare shall be the lead agency
 51    in establishing and coordinating community supports,  services  and  treatment
 52    for  children with serious emotional disturbance and their families, utilizing
 53    public  and  private  resources  available  in  the  child's  community.  Such
                                                                        
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  1    resources shall be utilized to provide  services  consistent  with  the  least
  2    restrictive  alternative  principle,  to assist the child's family to care for
  3    the child in his home and community whenever possible. The state department of
  4    education shall be the lead agency for educational services.
  5        (2)  Planning. The department of health and welfare, the state  department
  6    of  education,  the  department  of  juvenile corrections, counties, and local
  7    school districts shall collaborate and cooperate in  planning  and  developing
  8    comprehensive  mental  health  services  and  individual treatment and service
  9    plans for children with serious emotional disturbance and teens at risk,  mak-
 10    ing  the  best use of public and private resources to provide or obtain needed
 11    services and treatment.
 12        (3)  Contracting. The department of health and welfare shall also have the
 13    authority to enter into contracts with school districts to provide teen  early
 14    intervention  counselors  for  teens at risk on an as needed basis as provided
 15    for in section 16-2404A, Idaho Code.
                                                                        
 16        SECTION 4.  That Chapter 24, Title 16, Idaho Code, be,  and  the  same  is
 17    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 18    ignated as Section 16-2404A, Idaho Code, and to read as follows:
                                                                        
 19        16-2404A.  TEEN EARLY INTERVENTION COUNSELING PROGRAM. (1) The  department
 20    of  health  and  welfare shall be authorized to employ teen early intervention
 21    counselors to work with teens at risk in school  districts  on  an  as  needed
 22    basis.
 23        (2)  The teen early intervention counselor shall be a specialist counselor
 24    or  a  social  worker with a clinical background in mental health or substance
 25    abuse as prescribed by the department of health and welfare by rule. The  sal-
 26    ary  paid  to the teen early intervention counselor shall be equivalent to the
 27    salary paid to comparably trained and experienced individuals employed by  the
 28    school  district  in the region in which the teen early intervention counselor
 29    is employed.
 30        (3)  School districts seeking to have one (1) or more teen early interven-
 31    tion counselors placed within its district may  apply  to  the  department  of
 32    health  and  welfare  for such placement. The department of health and welfare
 33    shall establish by rule an application process. In evaluating applications the
 34    department of health and welfare shall consider:
 35        (a)  The resources and cooperation which the school district has  proposed
 36        to  contribute  to  the  support of the teen early intervention counseling
 37        program;
 38        (b)  The demonstrated need for teen early intervention counselors  in  the
 39        school district; and
 40        (c)  The funding available for the teen early intervention counseling pro-
 41        gram.
 42        (4)  There  is  hereby created in the state treasury the teen early inter-
 43    vention counseling program fund which shall consist of appropriations,  gifts,
 44    grants,  donations  and investment of the fund and which shall be used to fund
 45    the teen early intervention counseling program as provided  in  this  section.
 46    Moneys  in this fund shall not revert to any other fund at the end of the fis-
 47    cal year.
 48        (5)  The department of health and welfare shall  work  with  local  school
 49    districts  where teen early intervention counselors have been placed to gather
 50    data on the effectiveness of this program.  This  data  may  be  gathered  and
 51    tracked  through cooperative projects with Idaho colleges and universities and
 52    may include, but not limited to:
 53        (a)  Impacts on the number and nature of teen arrests;
                                                                        
                                           5
                                                                        
  1        (b)  Reductions in the number of teen suicides and suicide attempts;
  2        (c)  Changes in patterns of teen involvement or incarceration with Idaho's
  3        juvenile justice system;
  4        (d)  Impacts on local caseloads of  practitioners  in  the  department  of
  5        health and welfare;
  6        (e)  Changes  in  the number and nature of student disciplinary actions in
  7        schools where teen early intervention counselors have been placed.
                                                                        
  8        SECTION 5.  That Section 20-511A, Idaho Code, be, and the same  is  hereby
  9    amended to read as follows:
                                                                        
 10        20-511A.  MENTAL HEALTH ASSESSMENTS AND PLANS OF TREATMENT. (1) A judge of
 11    any court shall order the department of health and welfare to submit appropri-
 12    ate mental health assessments and a plan of treatment for the court's approval
 13    if  at  any  stage  of a proceeding under this chapter or the child protective
 14    act, chapter 16, title 16, Idaho Code, a judge has reason  to  believe,  based
 15    upon  the record and proceedings of the court or upon an affidavit of a party,
 16    state or county agency or any person having physical custody of the  juvenile,
 17    that the juvenile:
 18        (a)  Is  suffering a substantial increase or persistence of a serious emo-
 19        tional disturbance as  defined  in  section  16-2403,  Idaho  Code,  which
 20        impairs his or her ability to comply with the orders and directives of the
 21        court,  or which presents a risk to the juvenile's safety or well-being or
 22        the safety of others; and
 23        (b)  Such condition has not been adequately addressed with supportive ser-
 24        vices and/or corrective measures previously provided to the  juvenile,  or
 25        the juvenile's needs with respect to the serious emotional disturbance are
 26        not being met or have not been met.
 27        (2)  The  court may convene a screening team consisting of representatives
 28    from the department of health and  welfare,  county  probation,  local  school
 29    officials,  teen  early  intervention counselors as provided for under section
 30    16-2404A, Idaho Code, the department  of  juvenile  corrections  and/or  other
 31    agencies  or  persons  designated by the court to review the plan of treatment
 32    and provide written recommendations to the court. Parents and guardians of the
 33    juvenile, if available, shall be included in the screening team and  consulted
 34    with 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.
 44        (4)  If  the  court concludes that the conditions set forth in subsections
 45    (1)(a) and (1)(b) of this section are  present,  the  plan  of  treatment,  as
 46    approved  by  the  court,  shall be entered into the record as an order of the
 47    court. The department of health and welfare shall provide mental health treat-
 48    ment as designated by the approved plan of treatment. If in-patient  or  resi-
 49    dential  treatment  is  required  as  part of the plan of treatment, the court
 50    shall hold a hearing on whether to order such treatment unless the hearing  is
 51    waived by the juvenile and the juvenile's parents or  guardians. The court may
 52    order parents, legal guardians or custodians to adhere to the treatment desig-
 53    nated  in the plan of treatment. Representatives from the department of health
                                                                        
                                           6
                                                                        
  1    and welfare, county probation, local school officials, the department of juve-
  2    nile corrections and/or other agencies or  persons  designated  by  the  court
  3    shall attend case review hearings as scheduled by the court.
  4        (5)  All  costs  associated  with  assessment  and  treatment shall be the
  5    responsibility  of the parents of the juvenile according to their  ability  to
  6    pay  based upon the sliding fee scale established pursuant to section 16-2433,
  7    Idaho Code. The financial obligation of the family shall be  determined  after
  8    consideration of all available payment and funding sources including title XIX
  9    of the social security act, as amended, all available third party sources, and
 10    parent  resources  according  to any order for child support under chapter 10,
 11    title 32, Idaho Code. Services shall not be conditioned upon transfer of  cus-
 12    tody or parental rights.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE

                             RS 15962

The purpose of this act is to create a three-year pilot project to
establish a model for providing Idaho school districts with clinically
trained substance abuse and mental health specialist counselors and social
workers to address critical shortages in mental health and substance abuse
practitioners and services for young people in Idaho's rural and urban
areas. It is this programs' intent to increase intervention, counseling and
support services to address teen suicide, depression, drug addiction,
classroom disruption, violence, incarceration and other negative outcomes
that may result from leaving youth mental health and substance abuse issues
untreated in Idaho's schools and communities. This legislation provides for
cooperation between schools, the Department of Health and Welfare and the
courts to address the mental health and substance abuse needs of teens.
Data on the outcomes of this program will be tracked by the department and
by school districts to better inform the legislature in future years as to
the effectiveness of this model and the possible need for expansion of
these services into districts all across the state.

                                                                      
                           FISCAL IMPACT

Under the initial pilot project, $400,000 annually or a grant of $1.2
million in one time funds for a three-year pilot project period will
provide salaries and benefits for 8 mental health and or substance abuse
specialist counselors and or social workers. This pilot project could be
expanded beyond the initial 8 school districts should funds become
available. It can be anticipated that there will be the potential for
savings to the Department of Corrections through reduced addiction and
incarceration; in the Health and Welfare through increased self sufficiency
and prevention; in Medicaid through improved health and reduction of the
need for crisis and emergency care: and in Idaho's Public Schools through
decreased need for crisis intervention and increased academic achievement.






Contact
Name: Rep. Nicole LeFavour
Phone: 724-0468

STATEMENT OF PURPOSE/FISCAL NOTE                              H 675