Print Friendly SENATE BILL NO. 1147 – Childrens mental hlth/at risk teens
SENATE BILL NO. 1147
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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,
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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN 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
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
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-
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.
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-
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
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:
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
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.
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.
Name: Senators Corder, Goedde, Kelly
Representatives Henbest, Lefavour
STATEMENT OF PURPOSE/FISCAL NOTE S 1147