House of Representatives

HB 2246

children; mental health services

Sponsors: Knaperak, Binder, Hatch-Miller, et al.

dp	Committee on Health
WD	Committee on Appropriations
DP	Caucus and COW
DP	As Passed the House
X	As Transmitted To The Governor

HB 2246 creates new procedures for residential treatment services and amends existing procedures of the psychiatric care and residential treatment service programs for outpatient and inpatient assessment of children with mental disabilities or children who are delinquent.

History

The Legislature passed a bill last year to improve the delivery of mental health services for children who are under the authority of the juvenile court system. Since the passage of this bill, the Supreme Court Committee on Juvenile Courts has reviewed the new processes and procedures.

HB 2246 incorporates the recommendations by the committee to eliminate unnecessary language and develop residential treatment services for children who have violated the law or are incorrigible.

Provisions

· Removes “Detoxification services” and “Intensive treatment program” from the definition section.

· Stipulates that during outpatient assessment that the explanation to a child of the least restrictive alternatives is made if determined at the time of the assessment.

· Specifies that residential treatment services do not include psychiatric acute care services, programs that provide detoxification services or intensive treatment programs.

· Specifies that “Residential treatment services” are only services provided by a level one behavioral health facility.

· Amends timeframes for filing motions by excluding weekends and holidays.

· Adds the language “as soon as possible” for the length of time for the court to appoint an attorney to a child after a motion has been filed.

· Changes the time frame requirement from fifty-five days to at least five days before a court review for an inpatient psychiatric acute care facility to submit a progress report.

· Allows the inpatient psychiatric acute care facility to include additional information in the progress report.

· Requires inpatient psychiatric acute care facilities to submit a discharge summary to the court within fifteen days after discharging a child.

· Changes, from five days before to twenty days before, for entities to file a notice of discharge with the juvenile court.

· Specifies the correct statute that applies to residential treatment services recommended after an assessment or treatment.

· Eliminates language that specifies the outpatient and inpatient psychiatric assessment and treatment process applies to: (1) a child who is sentenced as an adult and who is a dependent, whose dependency is pending or in custody of child protective services; (2) a child who is in the custody of someone other than a parent; and (3) a child who is adjudicated, delinquent or awaiting disposition on a petition and is in the custody of a parent.

· Specifies the terms under which an entity may file a motion requesting the juvenile court to order residential treatment services.

· Allows the court to order residential treatment service if all parties, including counsel for the child, agree on the treatment. Under these circumstances, no hearing on the motion is required.

· Eliminates the requirement of some information from the motion requesting residential treatment services.

· Requires a written statement attached to the motion for resident treatment services from the residential treatment facility confirming that its services are appropriate for the child.

· Changes the time frame requirement from fifty-five days to at least five days before a review for a residential treatment facility to submit a progress report to the court.

· Allows the residential treatment facility to include additional information in the progress report.

· Removes the requirement for the entity to file a notice of discharge with the court.

· Specifies the existing processes for residential treatment services only apply to children who are dependent, temporarily subject to court jurisdiction or in temporary custody of child protective services.

· Requires psychological, psychiatric or medical evaluation recommending residential services for a court to order residential services for a juvenile or incorrigible child.

· Allows the court to waive the evaluation if good cause is shown.

· Makes the court find clear and convincing evidence that a child needs services and the services are the least restrictive before it can order residential treatment.

· Requires the court to review the child’s continuing need for residential treatment services at least every sixty days.

· Requires the residential treatment facility to submit a progress report to the court at least five days before the review.

· Specifies that the resident treatment facility progress report include; the kind of treatment provided, the necessity and type of additional treatment needed, the projected completion date of treatment and a statement confirming adequate services are available.

· Allows the court to hold an expedited hearing the review the continued placement of a child in residential treatment.

· Requires the probation department to notify the Department of Economic Security (DES) of the recommendation for residential treatment if the child is also found to be dependent or it temporarily subject to court jurisdiction.

· Permits DES to attend and participate in all hearings relating to the continuing placement for residential treatment services.

· Makes numerous conforming and technical changes.

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44th Legislature

Second Regular Session 3 April 30, 2001

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