Print Friendly 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
]]]] 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.
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
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
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
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
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-
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
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
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
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-
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;
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
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
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.
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.
Name: Rep. Nicole LeFavour
STATEMENT OF PURPOSE/FISCAL NOTE H 675