Bill Text: CA AB2119 | 2023-2024 | Regular Session | Amended
Bill Title: Mental health.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2024-09-29 - Chaptered by Secretary of State - Chapter 948, Statutes of 2024. [AB2119 Detail]
Download: California-2023-AB2119-Amended.html
Amended
IN
Senate
August 23, 2024 |
Amended
IN
Assembly
March 18, 2024 |
Introduced by Assembly Member Weber |
February 06, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 4012 of the Welfare and Institutions Code is amended to read:4012.
The State Department of State Hospitals, the State Department of Health Care Services, and other departments as necessary, may:SEC. 2.
Section 4033 of the Welfare and Institutions Code is amended to read:4033.
(a) The State Department of Health Care Services shall, to the extent resources are available, comply with the Substance Abuse and Mental Health Services Administration federal planning requirements. The department shall update and issue a state plan, which may also be any federally required state service plan, so a citizen may be informed regarding the implementation of, and long-range goals for, programs to serve a person with a mental health condition in the state. The department shall gather information from counties necessary to comply with this section.SEC. 3.
Section 4051 of the Welfare and Institutions Code is amended to read:4051.
The State Department of Health Care Services shall, to the extent resources are available, provide program development guidelines, evaluation models, and operational assistance on all aspects of services to a person with a mental illness of any age. These services include, but are not limited to, the following:SEC. 4.
Section 4094.5 of the Welfare and Institutions Code is amended to read:4094.5.
Regulations for community treatment facilities adopted pursuant to Section 4094 shall include, but not be limited to, the following:SEC. 5.
Section 4096 of the Welfare and Institutions Code is amended to read:4096.
(a) This section governs interagency placement committees related to the placement of a dependent child or a ward into short-term residential therapeutic programs, as specified in Section 11462.01, in a community treatment facility, as defined in paragraph (8) of subdivision (a) of Section 1502 of the Health and Safety Code, or in an out-of-state residential facility, as defined in subdivision (b) of Section 7910 of the Family Code.(a)This section governs standards for the mental health program approval for short-term residential therapeutic programs, which is required under subdivision (c) of Section 1562.01 of the Health and Safety Code.
(b)All short-term residential therapeutic programs that serve children who have either been assessed as meeting the medical necessity criteria for Medi-Cal specialty mental health services, as provided for in Section 1830.205 or 1830.210 of Title 9 of the California Code of Regulations, or who have been assessed and diagnosed with serious emotional disturbance, as defined in subdivision (a) of Section 5600.3, shall obtain and have in good standing a mental health program
approval and a Medi-Cal mental health certification, as described in Section 11462.01, issued by the State Department of Health Care Services or a county mental health plan to which the department has delegated approval authority. This approval, which is required pursuant to subdivision (c) of Section 1562.01 of the Health and Safety Code, is a condition for receiving an Aid to Families with Dependent Children-Foster Care rate pursuant to Section 11462.01.
(c)(1)A short-term residential therapeutic program shall not directly provide specialty mental health services without a current mental health program approval. A licensed short-term residential therapeutic program that has not obtained a program approval shall provide children in its care access to appropriate mental health services.
(2)County mental health plans shall ensure that Medi-Cal specialty mental health services, including, but not limited to, services under the Early and Periodic Screening, Diagnosis and Treatment benefit, are provided to all Medi-Cal beneficiaries served by short-term residential therapeutic programs who meet medical necessity criteria, as provided for in Section 1830.205 or 1830.210 of Title 9 of the California Code of Regulations.
(d)(1)The State Department of Health Care Services or a county mental health plan to which the department has delegated mental health program approval authority shall approve or deny mental health program approval requests within 45 days of receiving a request. The State Department of Health Care Services or a county mental
health plan to which the department has delegated mental health program approval authority shall issue each mental health program approval for a period of one year, except for approvals granted pursuant to paragraph (2) and provisional approvals granted pursuant to regulations promulgated under subdivision (e), and shall specify the effective date of the approval. Approved entities shall meet all program standards to be reapproved.
(2)(A)Between January 1, 2017, and December 31, 2017, the State Department of Health Care Services, or a county mental health plan to which the department has delegated mental health program approval authority, shall approve or deny a mental health program approval request within 90 days of receipt.
(B)Between January 1, 2017, and December 31, 2017, the State Department of Health Care Services, or a county mental health plan to which the department has delegated mental health program approval authority, may issue a mental health program approval for a period of less than one year.
(e)(1)The State Department of Health Care Services and the county mental health plans to which the department has delegated mental health program approval authority may enforce the mental health program approval standards by taking any of the following actions against a noncompliant short-term residential therapeutic program:
(A)Suspend or revoke a mental health program approval.
(B)Impose monetary penalties.
(C)Place a mental health program on probation.
(D)Require a mental health program to prepare and comply with a corrective action plan.
(2)The State Department of Health Care Services and the county mental health plans to which the department has delegated mental health program approval authority shall provide short-term residential therapeutic programs with due process protections when taking any of the actions described in paragraph (1).
(f)The State Department of Health Care Services, in consultation with the State Department of Social Services, shall promulgate regulations regarding program standards, oversight, enforcement, issuance of mental
health program approvals, including provisional approvals that are effective for a period of less than one year, and due process protections related to the mental health program approval process for short-term residential therapeutic programs.
(g)(1)Except for mental health program approval of short-term residential therapeutic programs operated by a county, the State Department of Health Care Services may, upon the request of a county, delegate to that county mental health plan the mental health program approval of short-term residential therapeutic programs within its borders.
(2)Any county to which mental health program approval is delegated pursuant to paragraph (1) shall be responsible for the oversight and enforcement of program standards and the provision of due process for approved and denied entities.
(h)The State Department of Health Care Services or a county mental health plan to which the department has delegated mental health program approval authority shall notify the State Department of Social Services immediately upon the termination of any mental health program approval issued in accordance with subdivisions (b) and (d).
(i)The State Department of Social Services shall notify the State Department of Health Care Services and, if applicable, a county to which the department has delegated mental health program approval authority, immediately upon the revocation of any license issued pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code.
(j)Revocation of a license or a mental health program approval or failure to meet the requirements of subdivision (c) of Section 1562.01 of the Health and Safety Code shall be a basis for rate termination.
SEC. 6.
Section 4096.5 of the Welfare and Institutions Code is amended to read:4096.5.
(a) This section governs standards for the mental health program approval for short-term residential therapeutic programs, which is required under subdivision (c) of Section 1562.01 of the Health and Safety Code.SEC. 7.
The heading of Chapter 2.5 (commencing with Section 4240) of Part 2 of Division 4 of the Welfare and Institutions Code is amended to read:CHAPTER 2.5. Families of Persons With a Serious Mental Health Disorder
SEC. 8.
Section 4240 of the Welfare and Institutions Code is amended to read:4240.
The Legislature finds and declares all of the following:SEC. 9.
Section 4341 of the Welfare and Institutions Code is amended to read:4341.
(a) To ensure the availability of an adequate number of persons from all disciplines necessary to implement appropriate and effective services to a person with a serious mental health condition, of any age and from any ethnic group, the department shall, to the extent resources are available, implement a Human Resources Development Program.SEC. 10.
Section 5020.1 of the Welfare and Institutions Code is amended to read:5020.1.
A minor with a mental health condition, between the ages of 3 and 18, upon being considered for release from a state hospital shall have an aftercare plan developed. Such plan shall include educational or training needs, provided these are necessary for the patient’s well-being.SEC. 11.
Section 5120 of the Welfare and Institutions Code is amended to read:5120.
It is the policy of this state as declared and established in this act and in the Lanterman-Petris-Short Act that the care and treatment of individuals with a mental health condition be provided in the local community. In order to achieve uniform statewide implementation of the policies of this act, it is necessary to establish the statewide policy that, notwithstanding any other provision of law, no city or county shall discriminate in the enactment, enforcement, or administration of any zoning laws, ordinances, or rules and regulations between the use of property for the treatment of general hospital or nursing home patients and the use of property for the psychiatric care and treatment of patients, both inpatient and outpatient.SEC. 12.
The heading of Article 1 (commencing with Section 5150) of Chapter 2 of Part 1 of Division 5 of the Welfare and Institutions Code is amended to read:Article 1. Detention of Persons with a Mental Health Condition for Evaluation and Treatment
SEC. 13.
The heading of Article 2 (commencing with Section 5200) of Chapter 2 of Part 1 of Division 5 of the Welfare and Institutions Code is amended to read:Article 2. Court-Ordered Evaluation for Persons with a Mental Health Condition
SEC. 14.
Section 5326.2 of the Welfare and Institutions Code is amended to read:5326.2.
To constitute voluntary informed consent, the following information shall be given to the patient in a clear and explicit manner:SEC. 15.
Section 5346 of the Welfare and Institutions Code is amended to read:5346.
(a) In any county or group of counties where services are available as provided in Section 5348, a court may order a person who is the subject of a petition filed pursuant to this section to obtain assisted outpatient treatment if the court finds, by clear and convincing evidence, that the facts stated in the verified petition filed in accordance with this section are true and establish that all of the requisite criteria set forth in this section are met, including, but not limited to, each of the following:SEC. 16.
Section 5348 of the Welfare and Institutions Code is amended to read:5348.
(a) For purposes of subdivision (e) of Section 5346, a county or group of counties that chooses to provide assisted outpatient treatment services pursuant to this article shall offer assisted outpatient treatment services, including, but not limited to, all of the following:SEC. 16.5.
Section 5348 of the Welfare and Institutions Code is amended to read:5348.
(a) For purposes of subdivision (e) of Section 5346, a county or group of counties that chooses to provide assisted outpatient treatment services pursuant to this article shall offer assisted outpatient treatment services, including, but not limited to, all of the following:SEC. 17.
Section 5349.1 of the Welfare and Institutions Code is amended to read:5349.1.
(a) A county or group of counties that implements this article, shall, in consultation with the State Department of Health Care Services, client and family advocacy organizations, and other stakeholders, develop a training and education program for purposes of improving the delivery of services to persons with a mental health condition who are, or who are at risk of being, involuntarily committed under this part. This training shall be provided to mental health treatment providers contracting with participating counties and to other individuals, including, but not limited to, mental health professionals, law enforcement officials, and certification hearing officers involved in making treatment and involuntary commitment decisions.SEC. 18.
The heading of Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code is amended to read:CHAPTER 3. Conservatorship for Persons with a Grave Disability
SEC. 19.
Section 5585.10 of the Welfare and Institutions Code is amended to read:5585.10.
This part shall be construed to promote the legislative intent and purposes of this part as follows:SEC. 20.
Section 5585.57 of the Welfare and Institutions Code is amended to read:5585.57.
A minor experiencing a mental health condition, upon being considered for release from involuntary treatment, shall have an aftercare plan developed. The plan shall include educational or training needs, provided these are necessary for the minor’s well-being.SEC. 21.
Section 5600.3 of the Welfare and Institutions Code is amended to read:5600.3.
To the extent resources are available, the primary goal of the use of funds deposited in the mental health account of the local health and welfare trust fund should be to serve the target populations identified in the following categories, which shall not be construed as establishing an order of priority:SEC. 21.5.
Section 5600.3 of the Welfare and Institutions Code is amended to read:5600.3.
To the extent resources are available, the primary goal of the use of funds deposited in the mental health account of the local health and welfare trust fund should be to serve the target populations identified in the following categories, which shall not be construed as establishing an order of priority:SEC. 22.
The heading of Article 2 (commencing with Section 5680) of Chapter 2.5 of Part 2 of Division 5 of the Welfare and Institutions Code is amended to read:Article 2. Community Support System for Persons Who are Homeless with a Mental Health Disability
SEC. 23.
Section 5680 of the Welfare and Institutions Code is amended to read:5680.
To assist persons who are homeless with a mental health disability to secure, stabilize, and maintain safe and adequate living arrangements in the community, the Legislature hereby establishes the Community Support System for Persons who are Homeless with a Mental Health Disability.SEC. 24.
Section 5681 of the Welfare and Institutions Code is amended to read:5681.
(a) It is the intent of the Legislature that, when funds are made available, counties shouldSEC. 25.
Section 5682 of the Welfare and Institutions Code is amended to read:5682.
The goal of the community support system is toSEC. 26.
Section 5683 of the Welfare and Institutions Code is amended to read:5683.
The function of the community support system is to conduct active outreach to persons who are homeless with a mental health disability, to secure and maintain income, housing, food, and clothing for clients, and to develop social skills and prevocational and vocational skills on a voluntary basis. Each community support system is based upon the range of services as may be necessary to meet a client’s needs:SEC. 27.
Section 5685.5 of the Welfare and Institutions Code is amended to read:5685.5.
(a) A county may contract with the local office of the public guardian to receive and manage income and benefits for persons with a mental health condition, regardless of whether the persons are under conservatorship. The case management services described in this section shall be provided only with the consent of the client. The public guardian, under the contracts, may perform functions intended to meet the goals of the community support system listed in Section 5683, and may also include, but not be limited to, all of the following case management services:SEC. 28.
Section 5686 of the Welfare and Institutions Code is amended to read:5686.
If a county believes that a person with a mental health disability may be unable to manage their SSI/SSP funds, the county mental health program shall advise the person that they may have a trusted family member, relative, or friend designated as their representative payee under the SSI/SSP program.SEC. 29.
Section 5688.6 of the Welfare and Institutions Code is amended to read:5688.6.
All funds appropriated for persons who are homeless with a mental health disability that have been determined to be unexpended and unencumbered two years after the date the funds were appropriated shall be transferred to the Department of Housing and Community Development. The amount of transfer shall be determined after the State Department of Health Care Services settles county cost reports for the fiscal year the funds were appropriated. The funds transferred to the Department of Housing and Community Development shall be administered in accordance with that department’s Special Users Housing Rehabilitation or Emergency Shelter programs to provide low-income transitional and long-term housing for persons who are homeless with a mental health disability. Special priority shall be given to project proposals for persons who are homeless with a mental health disability in the same county from which the funds for the support of the community support system were originally allocated.SEC. 30.
Section 5691 of the Welfare and Institutions Code is amended to read:5691.
(a) A county may implement the community vocational rehabilitation system described in this chapter with existing county allocations, funds available from the Department of Rehabilitation and other state and federal agencies.SEC. 31.
Section 5694 of the Welfare and Institutions Code is amended to read:5694.
A community support program for persons who are homeless with a mental health disability should also assist its clients to establish self-help groups and peer counseling. An agency should offer each client a written individualized service plan that will specify the services to be provided as a result of discussions with the client and the rights of the client, as well as the expected results or outcomes of the services. A program should encourage each client to include family members, friends, the client’s primary therapist, and the client’s physician in the development of the client’s individualized service plan.SEC. 32.
The heading of Article 5 (commencing with Section 5694.7) of Chapter 2.5 of Part 2 of Division 5 of the Welfare and Institutions Code is amended to read:Article 5. Policy Initiatives for Children with Serious Emotional Disturbance
SEC. 33.
Section 5694.7 of the Welfare and Institutions Code is amended to read:5694.7.
When the director of behavioral health in a county is notified pursuant to Section 319.1 or 635.1, or Section 7572.5 of the Government Code about a specific case, the county behavioral health director shall assign the responsibility either directly or through contract with a private provider, to review the information and assess whether or not the child has serious emotional disturbance as well as to determine the level of involvement in the case needed toSEC. 34.
The heading of Article 6 (commencing with Section 5695) of Chapter 2.5 of Part 2 of Division 5 of the Welfare and Institutions Code is amended to read:Article 6. Regional Facilities for Wards with Serious Emotional Disturbance
SEC. 35.
Section 5695 of the Welfare and Institutions Code is amended to read:5695.
The Legislature finds and declares the following:SEC. 36.
Section 5695.2 of the Welfare and Institutions Code is amended to read:5695.2.
There may be established, on a regional basis, secure facilities which are physically and programmatically designed for the commitment and ongoing treatment of minors with serious emotional disturbance who have been adjudged wards of the juvenile court pursuant to Section 602. A minor shall not be committed to the facility for more than 18 months from the date of admission.SEC. 37.
Section 5696 of the Welfare and Institutions Code is amended to read:5696.
Prior to the opening of a regional facility, the board of directors shall develop written admission criteria, approved by the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, for those minors who are most at risk of entering the adult criminal justice system as offenders who have mental health disorders and are at high risk of committing predatory and violent crimes, including, but not limited to, the following requirements:SEC. 38.
The heading of Article 7 (commencing with Section 5698) of Chapter 2.5 of Part 2 of Division 5 of the Welfare and Institutions Code is amended to read:Article 7. System of Care for Children and Youth with Serious Emotional Disturbance
SEC. 39.
Section 5698 of the Welfare and Institutions Code is amended to read:5698.
It is the intent of the Legislature to encourage in each county a system of care for children and youth with serious emotional disturbance. This system of care should be based upon the following principles:SEC. 40.
Section 5699.2 of the Welfare and Institutions Code is amended to read:5699.2.
Children identified for case management services under this section shall be minors under 18 years of age described in Section 5600.3 with serious emotional disturbance and who also meet one or more of the following criteria:SEC. 41.
Section 5731 of the Welfare and Institutions Code is amended to read:5731.
The Legislature finds and declares that the mental health system is a large and important segment of California’s system of health care. The Legislature further finds and declares all of the following:SEC. 42.
Section 5801 of the Welfare and Institutions Code is amended to read:5801.
(a) A system of care for adults and older adults with severe mental illness results in the highest benefit to the client, family, and community while ensuring that the public sector meets its legal responsibility and fiscal liability at the lowest possible cost.SEC. 43.
Section 5802 of the Welfare and Institutions Code is amended to read:5802.
(a) The Legislature finds that a mental health system of care for adults and older adults with severe and persistent mental illness is vital for successful management of mental health care in California. Specifically:The State Department of Health Care Services shall establish service standards that ensure that members of the target population are identified, and services provided to assist them to live independently, work, and reach their potential as productive citizens. The department shall provide annual oversight of grants issued pursuant to this part for compliance with these standards. These standards shall include, but are not limited to, all of the following:
(a)A service planning and delivery process that is target population based and includes the following:
(1)Determination of the numbers of clients to be served and the programs and services that will be provided to meet their needs. The local director of mental health shall consult with the sheriff, the police chief, the probation officer, the mental health board, contract agencies, and family, client, ethnic, and citizen constituency groups as determined by the director.
(2)Plans for services, including outreach to families who have an adult child experiencing a serious mental health condition living with them, design of mental health services, coordination and access to medications, psychiatric and psychological services, substance abuse services, supportive housing or other housing assistance, vocational rehabilitation, and veterans’ services. Plans also shall contain evaluation strategies, that shall consider cultural, linguistic, gender, age, and special needs of minorities in the target populations. Provision shall be made for staff with the cultural background and linguistic skills necessary to remove barriers to mental health services due to limited-English-speaking ability and cultural differences. Recipients of outreach services may include families, the public, primary care physicians, and others who are likely to come into contact with individuals who may be experiencing an untreated severe mental illness who would be likely to become homeless if the illness continued to be untreated for a substantial period of time. Outreach to adults may include adults voluntarily or involuntarily hospitalized as a result of a severe mental illness.
(3)Provision for services to meet the needs of target population clients who are physically disabled.
(4)Provision for services to meet the special needs of older adults.
(5)Provision for family support and consultation services, parenting support and consultation services, and peer support or self-help group support, where appropriate for the individual.
(6)Provision for services to be client-directed and that employ psychosocial rehabilitation and recovery principles.
(7)Provision for psychiatric and psychological services that are integrated with other services and for psychiatric and psychological collaboration in overall service planning.
(8)Provision for services specifically directed to young adults 25 years of age or younger who have a serious mental illness and are homeless or at significant risk of becoming homeless. These provisions may include continuation of services that still would be received through other funds had eligibility not been terminated due to age.
(9)Services reflecting special needs of women from diverse cultural backgrounds, including supportive housing that accepts children, personal services coordinator therapeutic treatment, and substance treatment programs that address gender-specific trauma and abuse in the lives of persons with mental illness, and vocational rehabilitation programs that offer job training programs free of gender bias and sensitive to the needs of women.
(10)Provision for housing for clients that is immediate, transitional, permanent, or all of these.
(11)Provision for clients who have been experiencing an untreated severe mental illness for less than one year, and who do not require the full range of services but are at risk of becoming homeless unless a comprehensive individual and family support services plan is implemented. These clients shall be served in a manner that is designed to meet their needs.
(12)Provision for services for veterans.
(b)A client shall have a clearly designated mental health personal services coordinator who may be part of a multidisciplinary treatment team who is responsible for providing or assuring needed services. Responsibilities include complete assessment of the client’s
needs, development of the client’s personal services plan, linkage with all appropriate community services, monitoring of the quality and followthrough of services, and necessary advocacy to ensure that the client receives those services that are agreed to in the personal services plan. A client shall participate in the development of the client’s personal services plan, and responsible staff shall consult with the designated conservator, if one has been appointed, and, with the consent of the client, consult with the family and other significant persons as appropriate.
(c)The individual personal services plan shall ensure that members of the target population involved in the system of care receive age-appropriate, gender-appropriate, and culturally appropriate services or appropriate services based on any characteristic listed or
defined in Section 11135 of the Government Code, to the extent feasible, that are designed to enable recipients to:
(1)Live in the most independent, least restrictive housing feasible in the local community, and for clients with children, to live in a supportive housing environment that strives for reunification with their children or assists clients in maintaining custody of their children as is appropriate.
(2)Engage in the highest level of work or productive activity appropriate to their abilities and experience.
(3)Create and maintain a support system consisting of friends, family, and participation in community activities.
(4)Access an appropriate level of academic education or vocational training.
(5)Obtain an adequate income.
(6)Self-manage their illness and exert as much control as possible over both the day-to-day and long-term decisions that affect their lives.
(7)Access necessary physical health care and maintain the best possible physical health.
(8)Reduce or eliminate serious antisocial or criminal behavior and thereby reduce or eliminate their contact with the criminal justice system.
(9)Reduce or eliminate the distress caused by the symptoms of mental illness.
(10)Have freedom from dangerous addictive substances.
(d)The individual personal services plan shall describe the service array that meets the requirements of subdivision (c), and to the extent applicable to the individual, the requirements of subdivision (a).
SEC. 43.5.
Section 5802 of the Welfare and Institutions Code is amended to read:5802.
(a) The Legislature finds that a mental health system of care for adults and older adults with severe and persistent mental illness is vital for successful management of mental health care in California. Specifically:SEC. 44.
Section 5806 of the Welfare and Institutions Code, as amended by Section 37 of Chapter 790 of the Statutes of 2023, is amended to read:5806.
The State Department of Health Care Services shall establish service standards that ensure that members of the target population are identified, and services provided to assist them to live independently, work, and reach their potential as productive citizens. The department shall provide annual oversight of grants issued pursuant to this part for compliance with these standards. These standards shall include, but are not limited to, all of the following:SEC. 44.5.
Section 5806 of the Welfare and Institutions Code, as amended by Section 37 of Chapter 790 of the Statutes of 2023, is amended to read:5806.
The State Department of Health Care Services shall establish service standards that ensure that members of the target population are identified, and services provided to assist them to live independently, work, and reach their potential as productive citizens. The department shall provide annual oversight of grants issued pursuant to this part for compliance with these standards. These standards shall include, but are not limited to, all of the following:SEC. 45.
Section 5806 of the Welfare and Institutions Code, as added by Section 38 of Chapter 790 of the Statutes of 2023, is amended to read:5806.
(a) The State Department of Health Care Services shall establish service standards so that adults and older adults in the target population are identified and receive needed and appropriate services from qualified staff in the least restrictive environment to assist them to live independently, work, and thrive in their communities. This section shall not apply to services covered by the Medi-Cal program and services covered by a health care service plan or other insurance coverage. These standards shall include, but are not limited to, all of the following:SEC. 45.SEC. 46.
Section 5814 of the Welfare and Institutions Code is amended to read:5814.
(a) (1) This part shall be implemented only to the extent that funds are appropriated for purposes of this part. To the extent that funds are made available, the first priority shall go to maintain funding for the existing programs that meet adult system of care contract goals. The next priority for funding shall be given to counties with a high incidence of persons who have a serious mental health condition and are homeless or at risk of homelessness, and meet the criteria developed pursuant to paragraphs (3) and (4).SEC. 46.5.
Section 5814 of the Welfare and Institutions Code is amended to read:5814.
(a) (1) This part shall be implemented only to the extent that funds are appropriated for purposes of this part. To the extent that funds are made available, the first priority shall go to maintain funding for the existing programs that meet adult system of care contract goals. The next priority for funding shall be given to counties with a high incidence of persons whoSEC. 46.SEC. 47.
Section 5814.5 of the Welfare and Institutions Code is amended to read:5814.5.
(a) (1) In any year in which funds are appropriated for this purpose through the annual Budget Act, counties funded under this part in the 1999–2000 fiscal year are eligible for funding to continue their programs if they have successfully demonstrated the effectiveness of their grants received in that year and to expand their programs if they also demonstrate significant continued unmet need and capacity for expansion without compromising quality or effectiveness of care.(a)The State Department of Health Care Services, in coordination with counties, shall establish a program designed to prevent mental illness from becoming severe and disabling. The program shall emphasize improving timely access to services for underserved populations.
(b)The program shall include the following components:
(1)Outreach to families, employers, primary care health care providers, and others to recognize the early signs of potentially severe and disabling mental illnesses.
(2)Access and linkage to medically necessary care provided by county mental health programs for children with severe mental illness, as defined in Section 5600.3, and for adults and seniors with severe mental illness, as defined in Section 5600.3, as early in the onset of these conditions as practicable.
(3)Reduction in stigma associated with either being diagnosed with a mental illness or seeking mental health services.
(4)Reduction in discrimination against people with mental illness.
(c)The program shall include mental health services similar to those provided under other programs that are effective in preventing mental illnesses from becoming severe, and shall also include components similar to programs that have been successful in reducing the
duration of untreated severe mental illnesses and assisting people in quickly regaining productive lives.
(d)The program shall emphasize strategies to reduce the following negative outcomes that may result from untreated mental illness:
(1)Suicide.
(2)Incarcerations.
(3)School failure or dropout.
(4)Unemployment.
(5)Worsening of symptoms and the condition over time.
(6)Homelessness.
(7)Removal of children from their homes.
(e)Prevention and early intervention funds may be used to broaden the provision of community-based mental health services by adding prevention and early intervention services or activities to these services, including prevention and early intervention strategies that address mental health needs, substance misuse or substance use disorders, or needs relating to cooccurring mental health and substance use services.
(f)In consultation with mental health stakeholders, and consistent with regulations from the Mental Health Services Oversight and Accountability Commission, pursuant to Section 5846, the department shall revise the program elements in Section 5840 applicable to all county mental health
programs in future years to reflect what is learned about the most effective prevention and intervention programs for children, adults, and older adults.
(a)The commission shall adopt regulations for programs and expenditures pursuant to Part 3.2 (commencing with Section 5830), for innovative programs, and Part 3.6 (commencing with Section 5840), for prevention and early intervention.
(b)Any regulation adopted by the department pursuant to Section 5898 shall be consistent with the commission’s regulations.
(c)The commission may provide technical assistance to any county mental health plan as needed to address concerns or recommendations of the commission or when local programs could benefit from technical assistance for improvement of their plans.
(d)The commission shall ensure that the perspective and participation of diverse community members reflective of California’s diverse populations, persons experiencing a severe mental health condition, and family members of persons experiencing a severe mental health condition is a significant factor in the commission’s decisions and recommendations.
SEC. 49.SEC. 48.
Section 5851 of the Welfare and Institutions Code is amended to read:5851.
(a) The Legislature finds and declares that there is no comprehensive county interagency system throughout California for the delivery of mental health services to children with serious emotional and behavioral disturbance and their families. Specific problems to be addressed include the following:The State Department of Health Care Services, in consultation with the Mental Health Services Oversight and Accountability Commission, shall review those counties that have been awarded funds to implement a comprehensive system for the delivery of mental health services to children with serious emotional disturbance and to their families or foster families to determine compliance with either of the following:
(a)The total estimated cost avoidance in all of the following categories shall equal or exceed the applications for funding award moneys:
(1)Group home costs paid by Aid to Families with Dependent Children-Foster Care (AFDC-FC) program.
(2)Children and adolescent state hospital and acute inpatient programs.
(3)Nonpublic school residential placement costs.
(4)Juvenile justice reincarcerations.
(5)Other short- and long-term savings in public funds resulting from the applications for funding award moneys.
(b)If the department determines that the total cost avoidance listed in subdivision (a) does not equal or exceed applications for funding award amounts, the department shall determine that the county that has been awarded funding shall achieve substantial
compliance with all of the following goals:
(1)Total cost avoidance in the categories listed in subdivision (a) to exceed 50 percent of the applications for funding award moneys.
(2)A 20-percent reduction in out-of-county ordered placements of juvenile justice wards and social service dependents.
(3)A statistically significant reduction in the rate of recidivism by juvenile offenders.
(4)A 25-percent reduction in the rate of state hospitalization of minors from placements of special education pupils.
(5)A 10-percent reduction in out-of-county nonpublic school residential placements of special education pupils.
(6)Allow at least 50 percent of children at risk of imminent placement served by the intensive in-home crisis treatment programs, which are wholly or partially funded by applications for funding award moneys, to remain at home at least six months.
(7)Statistically significant improvement in school attendance and academic performance of special education pupils with serious emotional disturbance treated in day treatment programs which are wholly or partially funded by applications for funding award moneys.
(8)Statistically significant increases in services provided in nonclinic settings among agencies.
(9)Increase in ethnic minority and gender access to services proportionate to the percentage of these groups in the county’s school-age population.
SEC. 49.
Section 5852.5 of the Welfare and Institutions Code, as added by Section 74 of Chapter 790 of the Statutes of 2023, is amended to read:5852.5.
The State Department of Health Care Services, in consultation with the Behavioral Health Services Oversight and Accountability Commission, shall review those counties that have been awarded funds to implement a comprehensive system for the delivery of mental health services to children with a serious emotional disturbance and to their families or foster families to determine compliance with either of the following:SEC. 51.SEC. 50.
Section 5855 of the Welfare and Institutions Code is amended to read:5855.
The State Department of Health Care Services shall adopt as part of its overall mission the development of community-based, comprehensive, interagency systems of care that target children with serious emotional and behavioral disturbance separated from their families or at risk of separation from their families, as defined in Section 5856. These comprehensive, interagency systems of care shall seek to provide the highest benefit to children, their families, and the community at the lowest cost to the public sector. Essential values shall be as follows:SEC. 52.SEC. 51.
Section 5856 of the Welfare and Institutions Code is amended to read:5856.
For the purposes of this part, “children with serious emotional disturbance” means those minors under 18 years of age as described in paragraph (2) of subdivision (a) of Section 5600.3.SEC. 53.SEC. 52.
Section 5856.2 of the Welfare and Institutions Code is amended to read:5856.2.
(a) An eligible child includes a child with serious emotional disturbance who meets the requirements of Section 5856 and who is referred by collaborating programs, including wrap-around programs (Chapter 4 (commencing with Section 18250) of Part 6 of Division 9), Family Preservation programs (Part 4.4 (commencing with Section 16600) of Division 9), Juvenile Crime Enforcement and Accountability Challenge Grant programs (Article 18.7 (commencing with Section 749.2) of Chapter 2 of Part 1 of Division 1), programs serving children with dual diagnosis including substance use or misuse, or whose emotional disturbance is related to family substance use or misuse, and a child whose family is enrolled in CalWORKs (Chapter 2 (commencing with Section 11200.5) of Part 3 of Division 9).SEC. 52.5.
Section 5856.2 of the Welfare and Institutions Code is amended to read:5856.2.
(a)SEC. 54.SEC. 53.
Section 5860 of the Welfare and Institutions Code is amended to read:5860.
(a) Final selection of county proposals shall be subject to the amount of funding approved for expansion of services under this part.(a)It is the intent of this article to establish programs that ensure services will be provided to children with serious emotional disturbance, as defined in Section 5878.2, and that they be part of the children’s system of care established pursuant to this part. It is the intent of this act that services provided under this chapter to
children with serious emotional disturbance are accountable, developed in partnership with youth and their families, culturally competent, and individualized to the strengths and needs of each child and the child’s family.
(b)This act does not authorize any services to be provided to a minor without the consent of the minor’s parent or legal guardian beyond those already authorized by existing statute.
SEC. 54.
Section 5878.1 of the Welfare and Institutions Code, as amended by Section 77 of Chapter 790 of the Statutes of 2023, is amended to read:5878.1.
(a) It is the intent of this article to establish programs that ensure services will be provided toSEC. 55.
Section 5878.1 of the Welfare and Institutions Code, as added by Section 78 of Chapter 790 of the Statutes of 2023, is amended to read:5878.1.
(a) It is the intent of this article to establish programs that ensure services will be provided to eligible children and youth, as defined in Section 5892, and that they are part of the children and youth system of care established pursuant to this part.For purposes of this article, a child with serious emotional disturbance means a minor under 18 years of age who meets the criteria set forth in subdivision (a) of Section 5600.3.
(a)Subject to the availability of funds as determined pursuant to Part 4.5 (commencing with Section 5890) of this division, county mental health programs shall offer services to children with serious emotional disturbance for whom services under any other public or private insurance or other mental health or entitlement program is inadequate or unavailable. Other entitlement programs
include, but are not limited to, mental health services available pursuant to Medi-Cal, child welfare, and special education programs. The funding shall cover only those portions of care that cannot be paid for with public or private insurance, other mental health funds or other entitlement programs.
(b)Funding shall be at sufficient levels to ensure that counties can provide each child served all of the necessary services set forth in the applicable treatment plan developed in accordance with this part, including services where appropriate and necessary to prevent an out of home placement, such as services pursuant to Chapter 4 (commencing with Section 18250) of Part 6 of Division 9.
(c)The State Department of Health Care Services shall contract with county mental health programs for the provision of services under this article in the manner set forth in Section 5897.
SEC. 58.SEC. 56.
Section 5880 of the Welfare and Institutions Code is amended to read:5880.
For each selected county the State Department of Health Care Services shall define and establish client and cost outcome and other system performance goals, and negotiate the expected levels of attainment for each year of participation. Expected levels of attainment shall include a breakdown by ethnic origin and shall be identified by a county in its proposal. These goals shall include, but not be limited to, both of the following:(a)The Mental Health Student Services Act is hereby established as a mental health partnership grant program for the purpose of establishing mental health partnerships between a county’s mental health or behavioral health departments and school districts, charter schools, and the county office of education within the county.
(b)The Mental Health Services Oversight and Accountability Commission shall award grants to county mental health or behavioral health departments to fund partnerships between educational and county mental health entities. Subject to an appropriation for this purpose, commencing with the 2021–22 fiscal year, the commission shall award a grant under this section
to a county mental health or behavioral health department or another lead agency, as identified by the partnership within each county that meets the requirements of this section.
(1)County, city, or multicounty mental health or behavioral health departments, or a consortium of those entities, including multicounty partnerships, may, in partnership with one or more school districts and at least one of the following educational entities located within the county, apply for a grant to fund activities of the partnership:
(A)The county office of education.
(B)A charter school.
(2)An educational entity may be designated as the lead agency at the request of the county, city, or multicounty department, or consortium, and authorized to submit the application. The county, city, or multicounty department, or consortium, shall be the grantee and receive any grant funds awarded pursuant to this section even if an educational entity is designated as the lead agency and submits the application pursuant to this paragraph.
(c)The commission shall establish criteria for awarding funds under the grant program, including the allocation of grant funds pursuant to this section, and shall require that applicants comply with, at a minimum, all of the following requirements:
(1)That all school districts, charter schools, and the county office of education have been invited to participate in the partnership, to the extent possible.
(2)That an applicant include with their application a plan developed and approved in collaboration with participating educational entity partners and that include a letter of intent, a memorandum of understanding, or other evidence of support or approval by the governing boards of all partners.
(3)That plans address all of the following goals:
(A)Preventing mental illnesses from becoming severe and disabling.
(B)Improving timely access to services for underserved populations.
(C)Providing outreach to families, employers, primary care health care providers, and others to recognize the early signs of potentially severe and disabling mental illnesses.
(D)Reducing the stigma associated with the diagnosis of a mental illness or seeking mental health services.
(E)Reducing discrimination against people with mental illness.
(F)Preventing negative outcomes in the targeted population, including, but not limited to:
(i)Suicide and attempted suicide.
(ii)Incarceration.
(iii)School failure or dropout.
(iv)Unemployment.
(v)Worsening of symptoms and the condition over time.
(vi)Homelessness.
(vii)Removal of a child from their home.
(viii)Involuntary mental health detentions.
(4)That the plan includes a description of the following:
(A)The need for mental health services for children and youth, including campus-based mental health services, as well as potential gaps in local service connections.
(B)The proposed use of funds, which shall include, at a minimum, that funds will be used to provide personnel or peer support.
(C)How the funds will be used to facilitate linkage and access to ongoing and sustained services, including, but not limited to, objectives and anticipated outcomes.
(D)How the partnership will collaborate with preschool and childcare providers, or other early childhood service organizations, to ensure the mental health needs of children are met before and after they transition to a school setting.
(E)The partnership’s ability to do all of the following:
(i)Obtain federal Medicaid or other reimbursement, including Early and Periodic Screening, Diagnostic, and Treatment funds, when applicable, or to leverage other funds, when feasible.
(ii)Collect information on the health insurance carrier for each child or youth, with the permission of the child or youth’s parent, to allow the partnership to seek reimbursement for mental health services provided to children and youth, where applicable.
(iii)Engage a health care service plan or a health insurer in the mental health partnership, when applicable, and to the extent mutually agreed to by the partnership and the plan or insurer.
(iv)Administer an effective service program and the degree to which mental health providers and educational entities will support and collaborate to accomplish the goals of the effort.
(v)Connect children and youth to a source of ongoing mental health services, including, but not limited to, through Medi-Cal, specialty mental health plans, county mental health programs, or private health coverage.
(vi)Continue to provide services and activities under this program after grant funding has been expended.
(d)Grants awarded pursuant to this section shall be used to provide support services that include, at a minimum, all of the following:
(1)Services provided on school campuses, to the extent practicable.
(2)Suicide prevention services.
(3)Drop-out prevention services.
(4)Outreach to high-risk youth and young adults, including, but not limited to, foster youth, youth who identify as lesbian, gay, bisexual, transgender, or queer, and youth who have been expelled or suspended from school.
(5)Placement assistance and development of a service plan that can be sustained over time for students in need of ongoing services.
(e)Funding may also be used to provide other prevention, early intervention, and direct services, including, but not limited to, hiring qualified mental health personnel, professional development for school staff on trauma-informed and evidence-based mental health practices, and other strategies that respond to the mental health needs of children and youth, as determined by the commission.
(f)The commission shall determine the amount of grants and shall take into consideration the level of need and the number of schoolage youth in participating educational entities when determining grant amounts. In determining the distribution of funds appropriated in the 2021–22 fiscal year, the commission shall take into consideration any previous funding the grantee received under this section.
(g)The commission may establish incentives to provide matching funds by awarding additional grant funds to partnerships that do so.
(h)If the commission is unable to provide a grant to a partnership in a county because of a lack of applicants or because no applicants met the minimum requirements within the timeframes established
by the commission, the commission may redistribute those funds to other eligible grantees.
(i)Partnerships currently receiving grants from the Investment in Mental Health Wellness Act of 2013 (Part 3.8 (commencing with Section 5848.5)) are eligible to receive a grant under this section for the expansion of services funded by that grant or for the inclusion of additional educational entity partners within the mental health partnership.
(j)Grants awarded pursuant to this section may be used to supplement, but not supplant, existing financial and resource commitments of the county, city, or multicounty mental health or behavioral health departments, or a consortium of those entities, or educational entities that receive a grant.
(k)(1)The commission shall develop metrics and a system to measure and publicly report on the performance outcomes of services provided using the grants.
(2)(A)The commission shall provide a status report to the fiscal and policy committees of the Legislature on the progress of implementation of this section no later than March 1, 2022, and provide an updated report no later than March 1, 2024. The reports shall address, at a minimum, all of the following:
(i)Successful strategies.
(ii)Identified needs for additional services.
(iii)Lessons learned.
(iv)Numbers of, and demographic information for, the schoolage children and youth served.
(v)Available data on outcomes, including, but not limited to, linkages to ongoing services and success in meeting the goals identified in paragraph (3) of subdivision (c).
(B)The reports to be submitted pursuant to this paragraph shall be submitted in compliance with Section 9795 of the Government Code.
(l)This section does not require the use of funds allocated for the purpose of satisfying the minimum funding obligation under Section 8 of Article XVI of the California Constitution for the partnerships established by this section.
(m)The commission may
enter into exclusive or nonexclusive contracts, or amend existing contracts, on a bid or negotiated basis in order to implement this section. Contracts entered into or amended pursuant to this subdivision are exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and shall be exempt from the review or approval of any division of the Department of General Services.
(n)This section shall be implemented only to the extent moneys are appropriated in the annual Budget Act or another statute for purposes of this section.
SEC. 57.
Section 5886 of the Welfare and Institutions Code, as amended by Section 45 of Chapter 40 of the Statutes of 2024, is amended to read:5886.
(a) The Behavioral Health Student Services Act is hereby established as a mental health partnership grant program for the purpose of establishing mental health partnerships between a county’s mental health or behavioral health departments and school districts, charter schools, and the county office of education within the county.(v)Prolonged suffering.
(vii)Removal of children and youth from their homes.