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S1147.................................................by HEALTH AND WELFARE CHILDREN'S MENTAL HEALTH - Amends and adds to existing law relating to children's mental health to provide for collaboration and cooperation among certain governmental entities; to provide the Department of Health and Welfare the authority to enter into contracts; to provide rulemaking authority to the Department of Health and Welfare to prescribe qualifications for teen early intervention specialists; to provide salary equivalence for teen early intervention specialists; to provide responsibilities for the specialists; to provide conditions when teens at risk who are not currently enrolled in school may participate in counseling sessions or services; to permit school districts to apply for the placement of teen early intervention specialists and to provide limits on the number of placements; to provide criteria for evaluation of school district applications; to require the Department of Health and Welfare to work with school districts to gather data on the program's effectiveness; and to permit courts to include teen intervention specialists on screening teams. 02/12 Senate intro - 1st rdg - to printing 02/13 Rpt prt - to Health/Wel 03/01 Rpt out - rec d/p - to 2nd rdg 03/02 2nd rdg - to 3rd rdg 03/06 3rd rdg - PASSED - 27-8-0 AYES -- Andreason, Bastian, Bilyeu, Broadsword, Burkett, Cameron, Coiner, Corder, Darrington, Davis, Gannon, Goedde, Hammond, Heinrich, Hill, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, McGee, McKenzie, Schroeder, Stegner, Stennett, Werk NAYS -- Bair, Fulcher, Geddes, Jorgenson, McKague, Pearce, Richardson, Siddoway Absent and excused -- None Floor Sponsor - Corder Title apvd - to House 03/07 House intro - 1st rdg - to Health/Wel 03/15 Rpt out - rec d/p - to 2nd rdg 03/16 2nd rdg - to 3rd rdg 03/22 3rd rdg - PASSED - 69-0-1 AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black, Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark, Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour, Loertscher, Luker(Luker), Marriott, Mathews, McGeachin, Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn, Trail, Vander Woude, Wood(27), Wood(35), Mr. Speaker NAYS -- None Absent and excused -- Wills Floor Sponsors - LeFavour & Henbest Title apvd - to Senate 03/23 To enrol 03/26 Rpt enrol - Pres signed - Sp signed - To Governor 03/30 Governor signed Session Law Chapter 309 Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN THE SENATE SENATE BILL NO. 1147 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO CHILDREN'S MENTAL HEALTH; AMENDING SECTION 16-2403, IDAHO CODE, TO 3 DEFINE A TERM; AMENDING SECTION 16-2404, IDAHO CODE, TO PROVIDE FOR COL- 4 LABORATION AND COOPERATION AMONG CERTAIN GOVERNMENTAL ENTITIES AND TO PRO- 5 VIDE THE DEPARTMENT OF HEALTH AND WELFARE THE AUTHORITY TO ENTER INTO CON- 6 TRACTS; AMENDING CHAPTER 24, TITLE 16, IDAHO CODE, BY THE ADDITION OF A 7 NEW SECTION 16-2404A, IDAHO CODE, TO PROVIDE THE DEPARTMENT OF HEALTH AND 8 WELFARE CONTRACTING POWER, TO PROVIDE THE DEPARTMENT RULEMAKING AUTHORITY 9 TO PRESCRIBE QUALIFICATIONS FOR TEEN EARLY INTERVENTION SPECIALISTS, TO 10 PROVIDE SALARY EQUIVALENCE FOR SUCH SPECIALISTS, TO PROVIDE RESPONSIBILI- 11 TIES FOR SUCH SPECIALISTS, TO PROVIDE CONDITIONS WHEN TEENS AT RISK NOT 12 CURRENTLY ENROLLED IN SCHOOL MAY PARTICIPATE IN COUNSELING SESSIONS OR 13 SERVICES, TO PERMIT SCHOOL DISTRICTS TO APPLY FOR THE PLACEMENT OF SUCH 14 SPECIALISTS, TO PROVIDE THE DEPARTMENT RULEMAKING AUTHORITY TO ESTABLISH 15 PROCEDURE, TO PROVIDE FOR LIMITS ON THE NUMBER OF SUCH PLACEMENTS, TO PRO- 16 VIDE CRITERIA FOR EVALUATION OF SCHOOL DISTRICT APPLICATIONS, TO REQUIRE 17 THE DEPARTMENT TO WORK WITH SCHOOL DISTRICTS TO GATHER CERTAIN DATA ON THE 18 PILOT PROGRAM'S EFFECTIVENESS AND TO PERMIT COOPERATIVE PROJECTS IN GATH- 19 ERING THE DATA; AND AMENDING SECTION 20-511A, IDAHO CODE, TO PERMIT COURTS 20 TO INCLUDE TEEN EARLY INTERVENTION SPECIALISTS ON SCREENING TEAMS AND TO 21 REQUIRE SUCH SPECIALISTS TO ATTEND CASE REVIEW HEARINGS. 22 Be It Enacted by the Legislature of the State of Idaho: 23 SECTION 1. That Section 16-2403, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 16-2403. DEFINITIONS. As used in this chapter: 26 (1) "Child" means an individual less than eighteen (18) years of age and 27 not emancipated by either marriage or legal proceeding. 28 (2) "Consistent with the least restrictive alternative principle" means 29 that services are delivered in the setting which places the fewest restric- 30 tions on the personal liberty of the child, and provides the greatest integra- 31 tion with individuals who do not have disabilities, in typical and age appro- 32 priate, school, community and family environments, which is consistent with 33 safe, effective and cost-effective treatment for the child and family. 34 (3) "Department" means the department of health and welfare. 35 (4) "Designated examiner" means a psychiatrist, psychologist, psychiatric 36 nurse, or social worker and such other mental health professionals as may be 37 designated in accordance with rules promulgated pursuant to the provisions of 38 chapter 52, title 67, Idaho Code, by the department of health and welfare. Any 39 person designated by the department director will be specially qualified by 40 training and experience in the diagnosis and treatment of mental or mentally 41 related illnesses or conditions. 42 (5) "Director" means the director of the state department of health and 43 welfare. 2 1 (6) "Emergency" means a situation in which the child's condition, as evi- 2 denced by recent behavior, poses a significant threat to the health or safety 3 of the child, his family or others, or poses a serious risk of substantial 4 deterioration in the child's condition which cannot be eliminated by the use 5 of supportive services or intervention by the child's parents, or mental 6 health professionals, and treatment in the community while the child remains 7 in his family home. 8 (7) "Informed consent to treatment" means a knowing and voluntary deci- 9 sion to undergo a specific course of treatment, evidenced in writing, and 10 made by an emancipated child, or a child's parent, or guardian, who has the 11 capacity to make an informed decision, after the staff of the facility or 12 other provider of treatment have explained the nature and effects of the pro- 13 posed treatment. 14 (8) "Involuntary treatment" means treatment, services and placement of 15 children provided without consent of the parent of a child, under the author- 16 ity of a court order obtained pursuant to this chapter, as directed by an 17 order of disposition issued by a designated employee of the department of 18 health and welfare under section 16-2415, Idaho Code. 19 (9) "Lacks capacity to make an informed decision concerning treatment" 20 means that the parent is unable to understand the nature and effects of hospi- 21 talization or treatment, or is unable to engage in a rational decision-making 22 process regarding such hospitalization or treatment, as evidenced by an 23 inability to weigh the risks and benefits, despite conscientious efforts to 24 explain them in terms that the parent can understand. 25 (10) "Likely to cause harm to himself or to suffer substantial mental or 26 physical deterioration" means that, as evidenced by recent behavior, the 27 child: 28 (a) Is likely in the near future to inflict substantial physical injury 29 upon himself; or 30 (b) Is likely to suffer significant deprivation of basic needs such as 31 food, clothing, shelter, health or safety; or 32 (c) Will suffer a substantial increase or persistence of symptoms of men- 33 tal illness or serious emotional disturbance which is likely to result in 34 an inability to function in the community without risk to his safety or 35 well-being or the safety or well-being of others, and which cannot be 36 treated adequately with available home and community-based outpatient ser- 37 vices. 38 (11) "Likely to cause harm to others" means that, as evidenced by recent 39 behavior causing, attempting, or threatening such harm with the apparent abil- 40 ity to complete the act, a child is likely to cause physical injury or physi- 41 cal abuse to another person. 42 (12) "Protection and advocacy system" means the agency designated by the 43 governor as the state protection and advocacy system pursuant to 42 U.S.C. 44 6042 and 42 U.S.C. 10801 et seq. 45 (13) "Serious emotional disturbance" means an emotional or behavioral dis- 46 order, or a neuropsychiatric condition which results in a serious disability, 47 and which requires sustained treatment interventions, and causes the child's 48 functioning to be impaired in thought, perception, affect or behavior. A dis- 49 order shall be considered to "result in a serious disability" if it causes 50 substantial impairment of functioning in family, school or community. A sub- 51 stance abuse disorder does not, by itself, constitute a serious emotional dis- 52 turbance, although it may coexist with serious emotional disturbance. 53 (14) "Special therapy" means any treatment modality used to treat children 54 with serious emotional disturbances which is subject to restrictions or spe- 55 cial conditions imposed by the department of health and welfare rules. 3 1 (15) "Surrogate parent" means any person appointed to act in the place of 2 the parent of a child for purposes of developing an individual education pro- 3 gram under the authority of the individuals with disabilities education act, 4 20 U.S.C. 1400 et seq., as amended. 5 (16) "Teens at risk" means children attending Idaho public schools grades 6 seven (7) through twelve (12) who have been identified as expressing or exhib- 7 iting indications of depression, suicidal inclination, emotional trauma, sub- 8 stance abuse or other behaviors or symptoms that indicate the existence of, or 9 that may lead to, the development of mental illness or substance abuse. 10 (17) "Treatment facility" means a facility or program meeting applicable 11 licensing standards, that has been approved for the provisions of services 12 under this chapter by the department of health and welfare. 13 SECTION 2. That Section 16-2404, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 16-2404. COMMUNITY SERVICES AND SUPPORTS AND INTERAGENCY COLLABORATION. 16 (1) Lead agency. The department of health and welfare shall be the lead agency 17 in establishing and coordinating community supports, services and treatment 18 for children with serious emotional disturbance and their families, utilizing 19 public and private resources available in the child's community. Such 20 resources shall be utilized to provide services consistent with the least 21 restrictive alternative principle, to assist the child's family to care for 22 the child in his home and community whenever possible. The state department of 23 education shall be the lead agency for educational services. 24 (2) Planning. The department of health and welfare, the state department 25 of education, the department of juvenile corrections, counties, and local 26 school districts shall collaborate and cooperate in planning and developing 27 comprehensive mental health services and individual treatment and service 28 plans for children with serious emotional disturbance making the best use of 29 public and private resources to provide or obtain needed services and treat- 30 ment. 31 (3) Teens at risk. The department of health and welfare, the state 32 department of education, the department of juvenile corrections, counties, 33 courts and local school districts may collaborate and cooperate in planning 34 and developing mental health counseling, substance abuse treatment and recov- 35 ery support services and individual service plans for teens at risk. 36 (4) Contracting. The department of health and welfare shall also have the 37 authority to enter into contracts with school districts to provide teen early 38 intervention specialists as provided for in section 16-2404A, Idaho Code. 39 SECTION 3. That Chapter 24, Title 16, Idaho Code, be, and the same is 40 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 41 ignated as Section 16-2404A, Idaho Code, and to read as follows: 42 16-2404A. TEEN EARLY INTERVENTION MENTAL HEALTH AND SUBSTANCE ABUSE SPE- 43 CIALIST PROGRAM. (1) The department of health and welfare shall be authorized 44 to contract for teen early intervention specialists to work with teens at risk 45 and their families in school districts. 46 (2) The teen early intervention specialist shall be a certified counselor 47 or a social worker with a clinical background in mental health or substance 48 abuse as prescribed by the department of health and welfare by rule. 49 (3) The salary paid to the teen early intervention specialist shall be 50 equivalent to the salary paid to comparably trained and experienced individu- 51 als employed by the school district in the region in which the community 4 1 resource is employed. 2 (4) Teen early intervention specialists shall work with individual teens 3 at risk to offer group counseling, recovery support, suicide prevention and 4 other mental health and substance abuse counseling services to teens as 5 needed, regardless of mental health diagnosis. 6 (5) By permission of school administrators, as prescribed in rule, teens 7 at risk not currently enrolled in a public school may, if assigned by a judge, 8 participate in group or individual teen early intervention specialist counsel- 9 ing sessions or services for teens at risk as appropriate. 10 (6) School districts seeking to have one (1) or more teen early interven- 11 tion specialists placed within its district may apply to the department of 12 health and welfare for such placement. The department of health and welfare 13 shall establish by rule a simple application process and criteria for place- 14 ment of teen early intervention specialists in districts. The number of teen 15 early intervention specialists placed in school districts in any given year 16 shall be limited by the funds appropriated to the teen early intervention spe- 17 cialist program in that fiscal year. In evaluating applications for the three 18 (3) year pilot project, the department of health and welfare shall give spe- 19 cial consideration to rural districts and shall consider: 20 (a) The demonstrated need for mental health and substance abuse counsel- 21 ing and treatment for teens at risk in the school district; 22 (b) The resources and cooperation which the school district has proposed 23 to contribute to the support of the teen early intervention specialist 24 program for teens at risk; and 25 (c) The funding appropriated to the teen early intervention specialist 26 program for teens at risk. 27 (7) Through an initial three (3) year period beginning at the start of 28 the 2008 school year, the department of health and welfare shall work with 29 local school districts where teen early intervention specialists have been 30 placed to gather data on the effectiveness of this program. This data may be 31 gathered and tracked through cooperative projects with Idaho colleges and uni- 32 versities and may include, but not be limited to: 33 (a) Impacts on the number and nature of teen arrests; 34 (b) Reductions in the number of teen suicides and suicide attempts; 35 (c) Changes in patterns of teen incarceration or involvement with Idaho's 36 juvenile justice system; 37 (d) Impacts on local caseloads of practitioners in the department of 38 health and welfare; 39 (e) Where applicable, impacts to juvenile mental health or drug courts; 40 (f) Changes in academic achievement by teens at risk and by those partic- 41 ipating in the teen early intervention specialist program; and 42 (g) Changes in the number and nature of student disciplinary actions in 43 schools where teen early intervention specialists have been placed. 44 SECTION 4. That Section 20-511A, Idaho Code, be, and the same is hereby 45 amended to read as follows: 46 20-511A. MENTAL HEALTH ASSESSMENTS AND PLANS OF TREATMENT. (1) A judge of 47 any court shall order the department of health and welfare to submit appropri- 48 ate mental health assessments and a plan of treatment for the court's approval 49 if at any stage of a proceeding under this chapter or the child protective 50 act, chapter 16, title 16, Idaho Code, a judge has reason to believe, based 51 upon the record and proceedings of the court or upon an affidavit of a party, 52 state or county agency or any person having physical custody of the juvenile, 53 that the juvenile: 5 1 (a) Is suffering a substantial increase or persistence of a serious emo- 2 tional disturbance as defined in section 16-2403, Idaho Code, which 3 impairs his or her ability to comply with the orders and directives of 4 the court, or which presents a risk to the juvenile's safety or well-being 5 or the safety of others; and 6 (b) Such condition has not been adequately addressed with supportive ser- 7 vices and/or corrective measures previously provided to the juvenile, or 8 the juvenile's needs with respect to the serious emotional disturbance are 9 not being met or have not been met. 10 (2) The court may convene a screening team consisting of representatives 11 from the department of health and welfare, county probation, local school 12 officials, teen early intervention specialists as provided for under section 13 16-2404A, Idaho Code, the department of juvenile corrections and/or other 14 agencies or persons designated by the court to review the plan of treatment 15 and provide written recommendations to the court. Parents and guardians of the 16 juvenile, if available, shall be included in the screening team and consulted 17 with regard to the plan of treatment. 18 (3) If the court, after receiving the mental health assessment and plan 19 of treatment submitted by the department of health and welfare and any recom- 20 mendations from the screening team, determines that additional information is 21 necessary to determine whether the conditions set forth in subsections (1)(a) 22 and (1)(b) of this section are present, or to determine an appropriate plan of 23 treatment for the juvenile, the court may order an evaluation and/or recommen- 24 dations for treatment to be furnished by a psychiatrist, licensed physician or 25 licensed psychologist, with the expenses of such evaluation and/or recommenda- 26 tions to be borne by the department of health and welfare. 27 (4) If the court concludes that the conditions set forth in subsections 28 (1)(a) and (1)(b) of this section are present, the plan of treatment, as 29 approved by the court, shall be entered into the record as an order of the 30 court. The department of health and welfare shall provide mental health treat- 31 ment as designated by the approved plan of treatment. If in-patient or resi- 32 dential treatment is required as part of the plan of treatment, the court 33 shall hold a hearing on whether to order such treatment unless the hearing is 34 waived by the juvenile and the juvenile's parents or guardians. The court may 35 order parents, legal guardians or custodians to adhere to the treatment desig- 36 nated in the plan of treatment. Representatives from the department of health 37 and welfare, county probation, local school officials, teen early intervention 38 specialists as provided for under section 16-2404A, Idaho Code, the department 39 of juvenile corrections and/or other agencies or persons designated by the 40 court shall attend case review hearings as scheduled by the court. 41 (5) All costs associated with assessment and treatment shall be the 42 responsibility of the parents of the juvenile according to their ability to 43 pay based upon the sliding fee scale established pursuant to section 16-2433, 44 Idaho Code. The financial obligation of the family shall be determined after 45 consideration of all available payment and funding sources including title XIX 46 of the social security act, as amended, all available third party sources, and 47 parent resources according to any order for child support under chapter 10, 48 title 32, Idaho Code. Services shall not be conditioned upon transfer of cus- 49 tody or parental rights.
STATEMENT OF PURPOSE RS 16989 The purpose of this act is to create a three-year pilot project to establish a new model for providing Idaho school districts with clinically trained substance abuse and mental health specialist counselors and specialist social workers to address critical shortages in mental health and substance abuse practitioners and treatment services for teens in Idaho's rural areas. It is this programs' intent to use group and individual support and treatment counseling to increase crisis intervention and addiction recovery, address teen suicide, depression, drug and alcohol use, 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, County Law Enforcement and Juvenile Corrections as well as the courts to address the mental health and substance abuse needs of Idaho teens. Data on the outcomes of this program will be tracked by the department and school districts through contracts with universities. Such analysis will allow for evaluation of program outcomes at the conclusion of the three year pilot project period. This data is intended to allow the legislature to evaluate the effectiveness of this program and determine if continuation and full implementation would be an effective means of addressing mental health and substance abuse problems in teens across Idaho. FISCAL IMPACT Under the initial pilot project, $330,000 annually for three years or a one time grant of $990,000 in one time funds for the three-year pilot project period will provide salaries and benefits for 4 clinically trained mental health and or substance abuse specialist counselors as well as funds for contracts with a university to study outcomes for a report at the end of the 2010 fiscal year. The potential for pilot project expansion into additional districts in future years would depend on an analysis of program outcomes and the allocation of additional funding if appropriate. Even over the course of the three year pilot project period, it can be anticipated that there will be the potential for savings to the Department of Corrections through reduced rates of addiction and incarceration; in the Health and Welfare through increased self sufficiency, substance abuse prevention and recovery; 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: Senators Corder, Goedde, Kelly Phone: Representatives Henbest, Lefavour STATEMENT OF PURPOSE/FISCAL NOTE S 1147