BILL NUMBER: AB 174	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 4, 2013
	AMENDED IN ASSEMBLY  MARCH 19, 2013

INTRODUCED BY   Assembly Member Bonta

                        JANUARY 24, 2013

   An act to add Section 124174.7 to the Health and Safety Code,
relating to public health.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 174, as amended, Bonta. Public school health centers.
   Existing law establishes the Public School Health Center Support
Program, pursuant to which the State Department of Public Health, in
collaboration with the State Department of Education, provides, among
other  duties   things  , technical
assistance to school health centers on effective outreach and
enrollment strategies to identify children who are eligible for, but
not enrolled in, the Medi-Cal program, the Healthy Families Program,
or any other applicable program and  provides 
technical assistance to facilitate and encourage the establishment,
retention, or expansion of school health centers  , among
other duties  .
   This bill would require the State Department of Public Health to
establish a grant program within the Public School Health Center
Support Program that would be known as Promoting Resilience: Offering
Mental Health Interventions to Support Education (PROMISE). The
program would provide resources to eligible applicants, including
local education agencies, nonprofit organizations, and community
health centers, to fund activities and services to directly address
the mental health and related needs of students who are impacted by
trauma, as specified. The bill would require the department to
implement these provisions only to the extent that funding is made
available,  upon appropriation by the Legislature, for these
purposes from public and private sources,  as specified. The
bill would also include legislative findings and declarations.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.   (a)     The
Legislature finds and declares all of the following: 
    (a)    Trauma has serious short- and long-term
consequences for health, educational achievement, and well-being.
Trauma has been defined as experiences or situations that are
emotionally painful and distressing, and that overwhelm an individual'
s ability to cope, and as chronic adversity, including, but not
limited to, discrimination, racism, oppression, and poverty.
   (b) Children and youth who are neglected or abused, or who feel
unsafe in their homes, schools, or communities, experience trauma
that can have lasting negative impacts.
   (c) Children and youth in low-income neighborhoods are
disproportionately impacted by trauma, including, but not limited to,
violence. For example, 20 percent of California children 
with family   from families with annual  incomes
below  $25,000   twenty-five thousand dollars
($25,00   0)  feel somewhat unsafe or very unsafe in
their neighborhoods, versus just 2 percent of California children
 with family   from families with annual 
incomes above  $125,000   one hundred
twenty-five thousand dollars ($125,000)  .
   (d) Children and youth of color are disproportionately impacted by
violence. Compared to Caucasians, African American children and
youth are three times more likely, and Latino children and youth are
two times more likely, to be exposed to shootings, bombs, and riots.
   (e) Boys and young men of color are particularly likely to be
impacted by trauma. For example, compared to rates among Caucasians,
boys and young men of color have more than twice the risk of
witnessing domestic violence, being abused and neglected, or having
an incarcerated parent. Homicide is the leading cause of death among
male African American adolescents, occurring at a rate 15 times
greater than among Caucasians.
   (f) The likelihood of boys and young men suffering from
post-traumatic stress disorder is two and one-half times greater
among African American boys and young men and four and one-tenth
times greater among Latino boys and young men, as compared to among
Caucasians.
   (g) Mental health services can have a positive and significant
impact on life outcomes for children and adolescents impacted by
trauma.
   (h) However, of the almost 13 percent of adolescents who report
needing help for emotional or mental health problems, over 60 percent
do not receive counseling. Among adolescents living below the
poverty line, 92 percent of those who report needing help for
emotional or mental health problems did not receive counseling in the
past year. The percentage of adolescents who report needing help for
emotional or mental health problems is widely assumed to be less
than the percentage who would benefit from these services.
   (i) Adolescents are less likely than almost all other age groups
to have a usual source of health care. Male adolescents, and
particularly male adolescents of color, are even less likely to have
a usual place to go when they are sick or need health advice.
   (j) California's 200 school health centers are predominantly
located in low-income communities, where students are
disproportionately impacted by trauma. For example, 80 percent of
school health center clients seen in the County of Alameda in the
2010-11 school year had witnessed violence or been a victim of
violence during their lifetime.
   (k) Among adolescents in managed care plans, those with access to
a school health center are 10 times more likely to access mental
health or substance abuse services than those without access to a
school health center.
   (l) School health centers see higher proportions of adolescent
males than other care settings, including community clinics or
private practices.
   (m) Research shows that students receiving mental health services
at school health centers have significant improvements in their
presenting problems and that school-based mental health services can
be more efficacious than those provided in community settings.
   (n) School-based mental health programs focused specifically on
trauma have been shown to reduce post-traumatic stress disorder,
depression, and psychosocial dysfunction.
   (o) Schools and school health centers do not currently have access
to sufficient funding to reach more than a fraction of the students
impacted by trauma and who would benefit from mental health services.
The many barriers to securing sufficient funding include, but are
not limited to, high proportions of uninsured students and
restrictions on the services that are reimbursable through programs
such as the California Victim Compensation Program  (CalVCP)
 and  the Medi-Cal  program  .
   (p) The Early and Periodic Screening, Diagnosis and Treatment
 (EPSDT)  Program, a Medi-Cal program that is a
major source of funding for school-based mental health services,
excludes many of the young people who need its services. Barriers
include, but are not limited to, Medi-Cal eligibility, low provider
participation, restrictive diagnostic and medical necessity criteria,
and the requirement that a parent or guardian consent for services.
  SEC. 2.  Section 124174.7 is added to the Health and Safety Code,
to read:
   124174.7.  (a) The State Department of Public Health shall
establish a grant program within the Public School Health Center
Support Program to fund activities and services to directly address
the mental health and related needs of students who are impacted by
trauma. This grant program shall be named Promoting Resilience:
Offering Mental Health Interventions to Support Education (PROMISE).
   (b) Grant funds shall be used according to the following
requirements:
   (1) Grant funds shall be used by eligible applicants to directly
address the mental health and related needs of students who are
impacted by trauma.
   (2) Grant funds may be used for the following activities and
services:
   (A) Individual, family, and group counseling.
   (B) Targeted outreach and education.
   (C) Risk screening, triage, and referral to campus-based services.

   (D) Schoolwide violence prevention and response efforts.
   (E) Youth development programming related to trauma and violence.
   (F) Crisis response coordination and services.
   (G) Case management services.
   (H) Coordination with off-campus mental health and support
services.
   (I) Staff training and consultation on supporting students'
trauma-related needs.
   (J) Oversight, coordination, and evaluation of the above
activities and services.
   (3) Individual, family, and group counseling funded by a grant
awarded pursuant to this section may be provided by any of the
following:
   (A) A mental health clinician licensed by the Board of Behavioral
Sciences, including a licensed marriage and family therapist, a
licensed clinical social worker, or a licensed educational
psychologist.
   (B) A clinical psychologist licensed by the Board of Psychology.
   (C) A psychiatric nurse practitioner licensed by the Board of
Registered Nursing.
   (D) A psychiatrist licensed by the Medical Board of California.
   (E) A school social worker credentialed by the State of
California.
   (F) An unlicensed mental health professional who is registered by
either the Board of Behavioral Sciences or the Board of Psychology,
and who is receiving clinical supervision as prescribed by that
entity.
   (4) Other activities and services, including schoolwide violence
prevention efforts, shall be provided or overseen by a mental health
professional as described in subparagraphs (A) through (F),
inclusive, of paragraph (3).
   (c) Grant funds shall be awarded according to the following
requirements.
   (1) Eligible applicants shall include:
   (A) Local education agencies.
   (B) Nonprofit organizations.
   (C) Community health centers.
   (D) County mental health departments.
   (2) Grant applications shall comply with all of the following:
   (A) Applicants shall describe their program to address the mental
health and other related needs of students who are impacted by
trauma, and to foster a positive school climate. At a minimum, the
program described in the application shall include:
   (i) Individual, family, and group counseling.
   (ii) Youth development programming related to trauma and violence.

   (iii) Schoolwide violence prevention and response efforts,
including, at a minimum, training for staff on trauma and their roles
in preventing and responding to it.
   (iv) Coordination between school-based and community services.
   (v) A discussion of any components of the program for which
funding does not yet exist or is currently insufficient and for which
they are seeking grant funding.
   (B) Demonstrate the applicant's ability to provide a dedicated
space located on the school campus that will serve as the hub of the
program, that will be youth friendly, and, for middle and high
schools, that will be regularly accessible to students on a drop-in
basis.
   (C) Provide evidence of a strong partnership and commitment to
collaboration between the school and any agencies or organizations
that will provide mental health, medical, or other related services
on the school campus, whether funded by this grant or another funding
source. Specific mechanisms by which applicants shall provide this
evidence shall be detailed in the request for applications, but may
include letters of agreement or support, memoranda of understanding,
or draft, signed subcontracts.
   (3)  Priority   As detailed in the request
for applications, priority  for awarding a grant shall be given
to eligible applicants that demonstrate  all  
one or more  of the following:
   (A) High levels of exposure to trauma and violence among the
target population.
   (B) Limited access to mental health services among the target
population.
   (C) An ability to meet the cultural and linguistic needs of the
target population.
   (D) An ability to engage and serve subgroups of students within
the target population who are disproportionately impacted by trauma
and violence.
   (E) A plan to hire staff with similar backgrounds and experiences
to the target population and who can therefore enhance program
impact.
   (F) A plan to obtain additional sources of funding or third-party
reimbursement to create a robust and sustainable school-based mental
health program.
   (G) A plan to integrate mental health and related services with
primary medical care.
   (d) An eligible applicant that receives grant funds shall commit
to all of the following:
   (1) Establish a written memorandum of understanding (MOU) between
the school, the school district, and other agencies or organizations
providing grant-funded mental health, medical, or other related
services, in an effort to develop a strong collaborative partnership
between involved entities.
   (A) The collaborative partnership shall do all of the following:
   (i) Include local education agency-employed personnel, including
school administrators, teachers, and staff, and any school health
personnel, including school nurses or social workers.
   (ii) Include personnel employed by other agencies or
organizations, including community health centers, who provide
relevant services on campus.
   (iii) Establish and implement regular communication protocols
between the school and agencies or organizations.
   (iv) Engage all relevant personnel in identifying students who
would benefit from mental health or other related services and
linking them to those services.
   (v) Promote the integration of funded services into the overall
school environment.
   (B) The MOU shall do both of the following:
   (i) Describe how services are coordinated on the campus and how
services will be integrated into the overall school environment.
   (ii) Ensure the confidentiality and privacy of both education and
health information, consistent with applicable federal and state
laws.
   (2) Make services available to all students in the school,
regardless of ability to pay.
   (3) Submit an annual report, including a discussion of all of the
following:
   (A) The activities and services funded through the grant award.
   (B) The number of students served through specific activities and
services.
   (C) The roles and credentials of personnel funded through the
grant award.
   (D) Any additional funding sources that are available to enhance
or sustain activities and services. To the extent possible, grant
reporting requirements shall be consistent with those required by
other funding mechanisms that support the program.
   (e) The department shall implement this section only to the extent
that funding is made  available, upon appropriation by the
Legislature,   available  from the following
sources:
   (1) From funding made available through public sources,  upon
appropriation by the Legislature, as applicable, and  to the
extent permitted by  law, including, but not limited to, the
Early and Periodic Screening, Diagnosis, and Treatment Program and
local education agency Medi-Cal billing   law  .
   (2) From  private   other  resources,
including  federal funding,  in-kind assistance, 
federal   private  funding, and foundation support
for the operation and distribution of grants for this program.