2008 Legislation
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HOUSE BILL NO. 575<br /> – Teens at risk, defined


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Bill Status

H0575..........................................................by EDUCATION
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
         Effective: 07/01/08

Bill Text

  ]]]]              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

  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
 25    welfare.
 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
 38    treatment.
 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
  9    child:
 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-
 19        vices.
 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 / Fiscal Impact

                       STATEMENT OF PURPOSE

                             RS 18022

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 
Phone: 208-724-0468

STATEMENT OF PURPOSE/FISCAL NOTE                         H 575