ARIZONA STATE SENATE
Phoenix, Arizona
children; mental health
services
Purpose
Makes numerous changes to
the process for providing outpatient assessments, inpatient assessments,
psychiatric acute care services and residential treatment services for
dependent and delinquent children, and establishes a new process for
residential treatment services for children who are delinquent and subject to
the jurisdiction of the juvenile court.
Background
In an attempt to improve the
system for providing certain types of mental health services to children who
are under the authority of the juvenile court system, the Legislature passed
legislation to streamline the processes and responsibilities of agencies and
juvenile courts for providing outpatient assessments, inpatient assessments,
psychiatric acute care services and residential treatment services and
admission to psychiatric acute care facilities for dependent and delinquent
children (Laws 2000, Chapter 369). The
new processes apply to children who are found to be dependent or temporarily
subject to court jurisdiction pending an adjudication of a dependency petition
or are found to have committed a delinquent or incorrigible act.
Since the passage of last
year’s bill, a working group of the Supreme Court Committee on Juvenile Courts
has reviewed the new processes and procedures and has made several
recommendations to eliminate unnecessary language and establish new procedures
for residential treatment services for children who are adjudicated delinquent
or incorrigible. This legislation includes the working group’s recommendations. H.B. 2246 is identical to S.B. 1041, which has passed the Senate and is
awaiting committee action in the House of Representatives.
According to the
Administrative Office of the Courts, there are no costs associated with the
provisions of this legislation.
Provisions
1. Repeals unnecessary definitions.
2. Allows a health care provider additional time to provide in the outpatient assessment an explanation of the least restrictive alternatives available to a child.
3. Standardizes all timeframes for filing motions by excluding weekends and holidays.
4. Changes, from every 55 days to at least 5 days before a review, the requirement of the inpatient psychiatric acute care facility to submit a progress report to the court.
5. Allows the inpatient psychiatric acute care facility to include additional information in the progress report.
6. Requires, within 15 days of discharging a child, the inpatient psychiatric acute care facility to prepare a discharge summary.
7. Changes, from 5 days before to 20 days after a child is discharged, the requirement of an entity to file a notice of discharge with the juvenile court.
8. Clarifies the correct section of statute that prescribes the process for residential treatment services for children who are committed to the Department of Juvenile Corrections.
9. Eliminates language that specifies the outpatient and inpatient psychiatric assessment and treatment process applies to: (a) a child who is sentenced as an adult and who is a dependent, whose dependency petition is pending or in custody of child protective services; (b) a child who is in the custody of someone other than a parent; and (c) a child who is adjudicated delinquent or awaiting disposition on a petition and is in the custody of a parent.
10. Clarifies the conditions under which an entity may file a motion requesting the juvenile court to order residential treatment services.
11. Authorizes the court to order residential treatment services if all parties agree on the treatment.
12. Eliminates the specified information that is included in the request for residential treatment services.
13. Requires the motion for residential treatment services to include a statement from the residential treatment facility that its services are appropriate for the child.
14. Changes, from every 55 days to at least 5 days before a review, the requirement of the residential treatment facility to submit a progress report to the court.
15. Allows the residential treatment facility to include additional information in the progress report.
16. Eliminates the requirement of an entity to file a notice of discharge with the court.
17. 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.
18. Requires, if a court orders residential treatment services for a juvenile or incorrigible child, the placement to be supported by an evaluation that recommends residential treatment services.
19. Authorizes the court to waive the evaluation if good cause is shown.
20. Requires, if the court orders residential treatment services, the court to find the child needs the services and the services are the least restrictive alternative.
21. Requires the court to review the child’s continuing need for residential treatment services at least every 60 days.
22. Requires the facility to submit a progress report at least five days before the review.
23. Specifies information to be included in the progress report and prescribes notification requirements.
24. Authorizes the court to hold an expedited hearing to review the continued placement of a child in residential treatment.
25. Requires, if the child is also found to be dependent or is temporarily subject to court jurisdiction, the probation department to notify the Department of Economic Security (DES) of the recommendation for residential treatment services.
26. Allows DES to participate in all hearings relating to the continuing placement for residential treatment services.
27. Makes numerous conforming and technical changes.
28. Provides for a general effective date.
House Action
HEA 1/29/01 DP 10-0-0-0
3rd Read 3/12/01 51-0-9-0
Prepared by Senate Staff
March 16, 2001