Print Friendly HOUSE BILL NO. 575
– Teens at risk, defined
HOUSE BILL NO. 575
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TEENS AT RISK - Amends existing law to revise the definition of "teens at
02/28 House intro - 1st rdg - to printing
02/29 Rpt prt - to 2nd rdg
03/03 2nd rdg - to 3rd rdg
03/05 3rd rdg - PASSED - 70-0-0
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon,
Chavez, Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador,
Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin,
Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence,
Raybould, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer,
Shepherd(02), Shepherd(08), Shirley, Shively, Smith(30), Smith(24),
Snodgrass, Stevenson, Thayn, Thomas, Trail, Vander Woude, Wills,
Wood(27), Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- None
Floor Sponsor - LeFavour
Title apvd - to Senate
03/06 Senate intro - 1st rdg - to Educ
03/11 Rpt out - rec d/p - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
03/14 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Bair, Bastian, Broadsword, Burkett, Cameron,
Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde,
Hammond, Heinrich, Hill, Kelly, Keough, Langhorst, Little, Lodge,
Malepeai(Sagness), McGee, McKague, McKenzie, Pearce, Richardson,
Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Bilyeu, Jorgenson
Floor Sponsor - Schroeder
Title apvd - to House
03/17 To enrol - Rpt enrol - Sp signed
03/18 Pres signed - To Governor
03/19 Governor signed
Session Law Chapter 219
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature Second Regular Session - 2008
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 575
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO TEENS AT RISK; AMENDING SECTION 16-2403, IDAHO CODE, TO REVISE THE
3 DEFINITION OF "TEENS AT RISK"; AND DECLARING AN EMERGENCY.
4 Be It Enacted by the Legislature of the State of Idaho:
5 SECTION 1. That Section 16-2403, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 16-2403. DEFINITIONS. As used in this chapter:
8 (1) "Child" means an individual less than eighteen (18) years of age and
9 not emancipated by either marriage or legal proceeding.
10 (2) "Consistent with the least restrictive alternative principle" means
11 that services are delivered in the setting which places the fewest restric-
12 tions on the personal liberty of the child, and provides the greatest integra-
13 tion with individuals who do not have disabilities, in typical and age appro-
14 priate, school, community and family environments, which is consistent with
15 safe, effective and cost-effective treatment for the child and family.
16 (3) "Department" means the department of health and welfare.
17 (4) "Designated examiner" means a psychiatrist, psychologist, psychiatric
18 nurse, or social worker and such other mental health professionals as may be
19 designated in accordance with rules promulgated pursuant to the provisions of
20 chapter 52, title 67, Idaho Code, by the department of health and welfare. Any
21 person designated by the department director will be specially qualified by
22 training and experience in the diagnosis and treatment of mental or mentally
23 related illnesses or conditions.
24 (5) "Director" means the director of the state department of health and
26 (6) "Emergency" means a situation in which the child's condition, as evi-
27 denced by recent behavior, poses a significant threat to the health or safety
28 of the child, his family or others, or poses a serious risk of substantial
29 deterioration in the child's condition which cannot be eliminated by the use
30 of supportive services or intervention by the child's parents, or mental
31 health professionals, and treatment in the community while the child remains
32 in his family home.
33 (7) "Informed consent to treatment" means a knowing and voluntary deci-
34 sion to undergo a specific course of treatment, evidenced in writing, and made
35 by an emancipated child, or a child's parent, or guardian, who has the capac-
36 ity to make an informed decision, after the staff of the facility or other
37 provider of treatment have explained the nature and effects of the proposed
39 (8) "Involuntary treatment" means treatment, services and placement of
40 children provided without consent of the parent of a child, under the author-
41 ity of a court order obtained pursuant to this chapter, as directed by an
42 order of disposition issued by a designated employee of the department of
43 health and welfare under section 16-2415, Idaho Code.
1 (9) "Lacks capacity to make an informed decision concerning treatment"
2 means that the parent is unable to understand the nature and effects of hospi-
3 talization or treatment, or is unable to engage in a rational decision-making
4 process regarding such hospitalization or treatment, as evidenced by an
5 inability to weigh the risks and benefits, despite conscientious efforts to
6 explain them in terms that the parent can understand.
7 (10) "Likely to cause harm to himself or to suffer substantial mental or
8 physical deterioration" means that, as evidenced by recent behavior, the
10 (a) Is likely in the near future to inflict substantial physical injury
11 upon himself; or
12 (b) Is likely to suffer significant deprivation of basic needs such as
13 food, clothing, shelter, health or safety; or
14 (c) Will suffer a substantial increase or persistence of symptoms of men-
15 tal illness or serious emotional disturbance which is likely to result in
16 an inability to function in the community without risk to his safety or
17 well-being or the safety or well-being of others, and which cannot be
18 treated adequately with available home and community-based outpatient ser-
20 (11) "Likely to cause harm to others" means that, as evidenced by recent
21 behavior causing, attempting, or threatening such harm with the apparent abil-
22 ity to complete the act, a child is likely to cause physical injury or physi-
23 cal abuse to another person.
24 (12) "Protection and advocacy system" means the agency designated by the
25 governor as the state protection and advocacy system pursuant to 42 U.S.C.
26 6042 and 42 U.S.C. 10801 et seq.
27 (13) "Serious emotional disturbance" means an emotional or behavioral dis-
28 order, or a neuropsychiatric condition which results in a serious disability,
29 and which requires sustained treatment interventions, and causes the child's
30 functioning to be impaired in thought, perception, affect or behavior. A dis-
31 order shall be considered to "result in a serious disability" if it causes
32 substantial impairment of functioning in family, school or community. A sub-
33 stance abuse disorder does not, by itself, constitute a serious emotional dis-
34 turbance, although it may coexist with serious emotional disturbance.
35 (14) "Special therapy" means any treatment modality used to treat children
36 with serious emotional disturbances which is subject to restrictions or spe-
37 cial conditions imposed by the department of health and welfare rules.
38 (15) "Surrogate parent" means any person appointed to act in the place of
39 the parent of a child for purposes of developing an individual education pro-
40 gram under the authority of the individuals with disabilities education act,
41 20 U.S.C. 1400 et seq., as amended.
42 (16) "Teens at risk" means children individuals attending Idaho secondary
43 public schools grades seven (7) through twelve (12) who have been identified
44 as expressing or exhibiting indications of depression, suicidal inclination,
45 emotional trauma, substance abuse or other behaviors or symptoms that indicate
46 the existence of, or that may lead to, the development of mental illness or
47 substance abuse.
48 (17) "Treatment facility" means a facility or program meeting applicable
49 licensing standards, that has been approved for the provisions of services
50 under this chapter by the department of health and welfare.
STATEMENT OF PURPOSE
This legislation seeks to make a technical fix to Idaho's Teen
Early Intervention Specialist Pilot program. This bill will
accommodate the range of grades and ages present in Idaho middle
schools as well as alternative schools.
NO FISCAL IMPACT
Name: Rep. Nicole LeFavour
STATEMENT OF PURPOSE/FISCAL NOTE H 575