Bill Text: DE HB310 | 2015-2016 | 148th General Assembly | Draft
Bill Title: An Act To Amend Title 10 Of The Delaware Code Relating To Concurrent Jurisdiction.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Engrossed - Dead) 2016-06-15 - HS 1 for HB 310 - Reported Out of Committee (JUDICIARY) in Senate with 5 On Its Merits [HB310 Detail]
Download: Delaware-2015-HB310-Draft.html
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SPONSOR: |
Rep. Lynn & Rep. M. Smith & Sen. McDowell |
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Reps. Bolden, Heffernan, Kowalko, Longhurst, Potter; Sen. Henry |
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HOUSE OF REPRESENTATIVES 148th GENERAL ASSEMBLY |
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HOUSE BILL NO. 310 |
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AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO CONCURRENT JURISDICTION. |
Section 1.Amend Chapter 9, Title 10 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§930. Concurrent jurisdiction – mental health.
(a) Purpose. The purpose of jurisdiction under this section is to provide a legal mechanism for continued Family Court review of youths with severe and persistent mental or behavioral health disorders, who require services or treatment, but who are not amenable to or compliant with such services, and, if necessary, for Family Court to order the youths to participate in services or treatment available to adults.
(b) Scope. This section applies only to youths who were under DSCYF custody at the time the youths turned 18 years of age and who, while under DCSYF custody as a minor, were identified or diagnosed as and remain mentally ill as defined in this section. A petition seeking jurisdiction may be filed once the youth attains 17 ½ years of age, but may not be filed later than 6 months prior to the youth's twenty-first birthday. Jurisdiction under this section:
(1) May continue until the youth attains 26 years of age.
(2) Does not affect the youth attaining the age of majority on his or her eighteenth birthday, and DSCYF custody of a youth terminates by operation of law when the youth attains the 18 years of age.
(3) May be concurrent with jurisdiction under §928 or§929 of this title.
(c) Procedure.
(1) DSCYF, the Department of Health and Social Services, the youth, or the youth's attorney or current or former guardian ad litem may file a petition under this section when the youth reaches 17 ½ years of age, but may not file a petition later than 6 months prior to the youth's twenty-first birthday.
(2) A petition filed under this section must contain all of the following:
a. The names and mailing addresses of the petitioners and their relation to the youth.
b. The names and mailing addresses of the youth's spouse, legal guardian or custodian, and any agency through which the youth receives or coordinates services.
c. If appropriate, a statement that the information required by paragraph (c)(2)a. and b. of this section is unknown to the petitioner or inapplicable to a youth.
(3) All persons or agencies named in the petition shall be considered interested parties and receive notice of the petition.
(4) The Court may enter an order granting jurisdiction over a youth who qualifies under subsection (b) of this section, but no order under this section may take effect prior to a youth's eighteenth birthday.
(5) The Court may appoint an attorney or Court Appointed Special Advocate to a youth concurrently with the jurisdictional determination made under subsection (d) of this section.
(d) Legal standard. Upon the filing of a petition under subsection (c) of this section, the Family Court shall determine whether to grant jurisdiction under this section. A youth's refusal to comply with medical care, services, or treatment may not be the sole basis for the Family Court to exercise jurisdiction under this section. When determining whether to exercise jurisdiction, the Family Court shall take into consideration all relevant factors, including all of the following:
(1) The history, nature, and seriousness of the youth's mental illness, including differences between the youth's juvenile and adult diagnoses.
(2) The reasonable probability that jurisdiction under this section will be beneficial to the youth and the community.
(3) The extent to which the youth needs care, services, or treatment to prevent harm to the youth or others, or to prevent further disability or deterioration in the youth's condition, including the dangers posed by the lack of services or treatment to the youth.
(4) The ability and willingness of the youth to obtain care, services, or treatment independently, including whether jurisdiction under §929 of this title would be more appropriate for the youth, as judged by the youth's history and the youth's recent acts or omissions.
(5) The availability and appropriateness of family, friends, or others to supervise or monitor the youth's condition and care.
(6) The wishes of the interested parties, including the specific wishes of the youth.
(e) Review Hearings.
(1) If the Court has jurisdiction over a youth under this section, the Court may conduct reviews upon motion of any party or sua sponte.
(2) Notwithstanding paragraph (e)(1) of this section, reviews must occur at least annually.
(3) The Court shall provide notice of each review to all interested parties. If applicable, the appropriate agency shall provide notice of each review to any contracted providers serving the youth.
(4) At each review, the Court shall, at a minimum, evaluate the youth's care and condition, and make findings, if applicable, regarding each of the following as it relates to the youth:
a. Financial stability.
b. Basic needs, including housing, food, and clothing.
c. Medical benefits, including access to health care and other public benefits.
d. Employment and training.
e. Education.
f. Community and individual connections to help support the youth.
g. Mental health, including a review of the youth's mental illness and the care, services, or treatment available to the youth.
(f) Orders for Services or Treatment. If the Court has jurisdiction over a youth under this section and has conducted at least 1 review hearing under subsection (e) of this section, the Court may order the youth to participate in services or outpatient treatment. The Court may not issue an order for involuntary outpatient treatment over the objection of the youth unless the Court finds that the standard set forth in section §5013 of Title 16 has been met. Prior to the entry of any order directing the youth to participate in services or treatment, the Court shall inform the youth of the youth's right to be represented by counsel. If the youth cannot afford to retain counsel, the Court shall appoint such counsel at no cost to the youth.
(g) Noncompliance.
(1) If the Court has ordered participation in services or treatment and receives notice that the youth has failed to comply with the Court's order, the Court shall schedule a review hearing on a priority basis. The Court shall provide notice of the review hearing to all interested parties. The Court or, if applicable, the agency, shall provide notice of the reviewing hearing to any contracted providers serving the youth.
(2) Upon clear and convincing evidence of the youth's failure to comply, the Court may institute such measures necessary to secure compliance or protect the youth, including proceedings under §5004 of Title 16.
(h) Termination. An order for jurisdiction under this section terminates by operation of law when the youth attains 26 years of age. Termination of jurisdiction under this section does not terminate jurisdiction for purposes of §928 or §929 of this title. An order for jurisdiction under this section may be terminated sooner upon a finding of at least 1 of the following:
(1) The youth is no longer mentally ill.
(2) The youth is no longer likely to benefit from jurisdiction under this section.
(3) The factors from subsection (d) of this section weigh against continued jurisdiction under this section.
(4) Other good cause exists to terminate jurisdiction under this section.
(i) Standard of Review. A determination by the Family Court to exercise or terminate jurisdiction under this section is subject to review only under an abuse of discretion standard.
(j) Limitation. Nothing in this section is to be construed to require DSCYF to provide foster care board extension payments, stipends, or services to a youth after reaching the age of majority.
(k) Definitions. For the purpose of this section:
(1) "Mental illness" means the diagnosis of a severe and persistent mental or behavioral health disorder that would make a person eligible for long term care services from the Division of Substance Abuse and Mental Health. "Mental illness" does not include a diagnosis of substance dependence, unless the diagnosis of substance dependence is comorbid with another diagnosis that would otherwise independently meet the definition of mental illness under this section.
(2) "Mentally ill" means a person who has been diagnosed by a licensed psychiatrist within 6 months preceding an initial petition under this chapter as having a condition that meets the definition of a mental illness under this subsection.
Section 2. This Act shall take effect 90 days after its enactment into law.
SYNOPSIS
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This Act provides Family Court with the jurisdiction to continue to review youths who have severe and persistent mental or behavioral health disorders, and who require services or treatment but are not amenable to or compliant with such services. Under this Act, Family Court can order such youths to participate in services or treatment. This Act applies only to youths who are under the custody of the Department of Children, Youth and their Families ("DCSYF") when they turn 18 years old and who, while under DCYSF custody, were diagnosed as and remain mentally ill, as defined in this Act. A petition seeking jurisdiction under this Act may be filed when the youth is 17 ½ years old, and terminates either by Court order or when the youth turns 26 years old, whichever occurs first. Jurisdiction under this Act does not require DSCYF to provide foster care board extension payments or stipends to a youth. This Act has no effect on a youth reaching the age of majority at 18 years or on DSCYF's custody over a youth terminating by operation of law when the youth turns 18 years old. This Act sets forth the requirements for filing a petition for jurisdiction; the legal standard for the Family Court to grant jurisdiction; review hearings, which must occur at least annually; orders for services or treatment; noncompliance with an order for services or treatment; termination of jurisdiction; and the standard of review of an order to exercise or terminate jurisdiction. |
