Bill Text: MN SF2131 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Children's mental health screening and assessment procedures modification
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2014-03-03 - Referred to Health, Human Services and Housing [SF2131 Detail]
Download: Minnesota-2013-SF2131-Introduced.html
1.2relating to children; modifying mental health screening and assessment
1.3procedures for certain children; requiring reports;amending Minnesota Statutes
1.42012, section 245.4874, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 245.4874, subdivision 1, is amended to read:
1.7 Subdivision 1. Duties of county board. (a) The county board must:
1.8 (1) develop a system of affordable and locally available children's mental health
1.9services according to sections245.487 to
245.4889 ;
1.10 (2) establish a mechanism providing for interagency coordination as specified in
1.11section245.4875, subdivision 6 ;
1.12 (3) consider the assessment of unmet needs in the county as reported by the local
1.13children's mental health advisory council under section245.4875, subdivision 5 , paragraph
1.14(b), clause (3). The county shall provide, upon request of the local children's mental health
1.15advisory council, readily available data to assist in the determination of unmet needs;
1.16 (4) assure that parents and providers in the county receive information about how to
1.17gain access to services provided according to sections245.487 to
245.4889 ;
1.18 (5) coordinate the delivery of children's mental health services with services provided
1.19by social services, education, corrections, health, and vocational agencies to improve the
1.20availability of mental health services to children and the cost-effectiveness of their delivery;
1.21 (6) assure that mental health services delivered according to sections245.487
1.22to
245.4889 are delivered expeditiously and are appropriate to the child's diagnostic
1.23assessment and individual treatment plan;
2.1 (7) provide the community with information about predictors and symptoms of
2.2emotional disturbances and how to access children's mental health services according to
2.3sections245.4877 and
245.4878 ;
2.4 (8) provide for case management services to each child with severe emotional
2.5disturbance according to sections245.486 ;
245.4871 , subdivisions 3 and 4; and
245.4881,
2.6subdivisions 1, 3, and 5 ;
2.7 (9) provide for screening of each child under section245.4885 upon admission
2.8to a residential treatment facility, acute care hospital inpatient treatment, or informal
2.9admission to a regional treatment center;
2.10 (10) prudently administer grants and purchase-of-service contracts that the county
2.11board determines are necessary to fulfill its responsibilities under sections245.487 to
2.12245.4889
;
2.13 (11) assure that mental health professionals, mental health practitioners, and case
2.14managers employed by or under contract to the county to provide mental health services
2.15are qualified under section245.4871 ;
2.16 (12) assure that children's mental health services are coordinated with adult mental
2.17health services specified in sections245.461 to
245.486 so that a continuum of mental health
2.18services is available to serve persons with mental illness, regardless of the person's age;
2.19 (13) assure that culturally competent mental health consultants are used as necessary
2.20to assist the county board in assessing and providing appropriate treatment for children of
2.21cultural or racial minority heritage; and
2.22 (14) consistent with section245.486 , arrange for or provide a children's mental
2.23health screening for:
2.24(i) a child receiving child protective services;
2.25(ii) a child in out-of-home placement;
2.26(iii) a child for whom parental rights have been terminated;
2.27(iv) a child found to be delinquent; or
2.28(v) a child found to have committed a juvenile petty offense for the third or
2.29subsequent time.
2.30A children's mental health screening may be conducted but is not required when a
2.31screening or diagnostic assessment has been performed within the previous 180 days, or
2.32the child is currently under the care of a mental health professional.
2.33(b) When a child is receiving protective services or is in out-of-home placement,
2.34the court or county agency must notify a parent or guardian whose parental rights have
2.35not been terminated of the potential mental health screening and the option to prevent the
2.36screening by notifying the court or county agency in writing.
3.1(c) When a child is found to be delinquent or a child is found to have committed a
3.2juvenile petty offense for the third or subsequent time, the court or county agency must
3.3obtain written informed consent from notify the parent or legal guardian before a screening
3.4is conductedunless the court, notwithstanding the parent's failure to consent, determines
3.5that the screening is in the child's best interest of the potential mental health screening and
3.6the option to prevent the screening by notifying the court or county agency in writing.
3.7(d) The screening shall be conducted with a screening instrument approved by
3.8the commissioner of human services according to criteria that are updated and issued
3.9annually to ensure that approved screening instruments are valid and useful for child
3.10welfare and juvenile justice populations. Screenings shall be conducted by a mental health
3.11practitioner as defined in section245.4871, subdivision 26 , or a probation officer or local
3.12social services agency staff person who is trained in the use of the screening instrument.
3.13Training in the use of the instrument shall include:
3.14(1) training in the administration of the instrument;
3.15(2) the interpretation of its validity given the child's current circumstances;
3.16(3) the state and federal data practices laws and confidentiality standards;
3.17(4) the parental consent requirement; and
3.18(5) providing respect for families and cultural values.
3.19If the screen indicates a need for assessment, the child's family, or if the family lacks
3.20mental health insurance or is underinsured and paying for an assessment would cause the
3.21child's family financial hardship, the local social services agency, in consultation with
3.22the child's family, shall have conducted a diagnostic assessment, including a functional
3.23assessment, as defined in section245.4871 . The administration of the screening shall
3.24safeguard the privacy of children receiving the screening and their families and shall
3.25comply with the Minnesota Government Data Practices Act, chapter 13, and the federal
3.26Health Insurance Portability and Accountability Act of 1996, Public Law 104-191.
3.27Screening results shall be considered private data and the commissioner shall not collect
3.28individual screening results. Counties shall report to the commissioner of human services
3.29on how the funding is used, including the number of children who receive a diagnostic
3.30assessment and services and supports under this program.
3.31 (e) When the county board refers clients to providers of children's therapeutic
3.32services and supports under section256B.0943 , the county board must clearly identify
3.33the desired services components not covered under section256B.0943 and identify the
3.34reimbursement source for those requested services, the method of payment, and the
3.35payment rate to the provider.
1.3procedures for certain children; requiring reports;amending Minnesota Statutes
1.42012, section 245.4874, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 245.4874, subdivision 1, is amended to read:
1.7 Subdivision 1. Duties of county board. (a) The county board must:
1.8 (1) develop a system of affordable and locally available children's mental health
1.9services according to sections
1.10 (2) establish a mechanism providing for interagency coordination as specified in
1.11section
1.12 (3) consider the assessment of unmet needs in the county as reported by the local
1.13children's mental health advisory council under section
1.14(b), clause (3). The county shall provide, upon request of the local children's mental health
1.15advisory council, readily available data to assist in the determination of unmet needs;
1.16 (4) assure that parents and providers in the county receive information about how to
1.17gain access to services provided according to sections
1.18 (5) coordinate the delivery of children's mental health services with services provided
1.19by social services, education, corrections, health, and vocational agencies to improve the
1.20availability of mental health services to children and the cost-effectiveness of their delivery;
1.21 (6) assure that mental health services delivered according to sections
1.23assessment and individual treatment plan;
2.1 (7) provide the community with information about predictors and symptoms of
2.2emotional disturbances and how to access children's mental health services according to
2.3sections
2.4 (8) provide for case management services to each child with severe emotional
2.5disturbance according to sections
2.6subdivisions 1, 3, and 5
2.7 (9) provide for screening of each child under section
2.8to a residential treatment facility, acute care hospital inpatient treatment, or informal
2.9admission to a regional treatment center;
2.10 (10) prudently administer grants and purchase-of-service contracts that the county
2.11board determines are necessary to fulfill its responsibilities under sections
2.13 (11) assure that mental health professionals, mental health practitioners, and case
2.14managers employed by or under contract to the county to provide mental health services
2.15are qualified under section
2.16 (12) assure that children's mental health services are coordinated with adult mental
2.17health services specified in sections
2.18services is available to serve persons with mental illness, regardless of the person's age;
2.19 (13) assure that culturally competent mental health consultants are used as necessary
2.20to assist the county board in assessing and providing appropriate treatment for children of
2.21cultural or racial minority heritage; and
2.22 (14) consistent with section
2.23health screening for:
2.24(i) a child receiving child protective services;
2.25(ii) a child in out-of-home placement;
2.26(iii) a child for whom parental rights have been terminated;
2.27(iv) a child found to be delinquent; or
2.28(v) a child found to have committed a juvenile petty offense for the third or
2.29subsequent time.
2.30A children's mental health screening may be conducted but is not required when a
2.31screening or diagnostic assessment has been performed within the previous 180 days, or
2.32the child is currently under the care of a mental health professional.
2.33(b) When a child is receiving protective services or is in out-of-home placement,
2.34the court or county agency must notify a parent or guardian whose parental rights have
2.35not been terminated of the potential mental health screening and the option to prevent the
2.36screening by notifying the court or county agency in writing.
3.1(c) When a child is found to be delinquent or a child is found to have committed a
3.2juvenile petty offense for the third or subsequent time, the court or county agency must
3.3
3.4is conducted
3.5
3.6the option to prevent the screening by notifying the court or county agency in writing.
3.7(d) The screening shall be conducted with a screening instrument approved by
3.8the commissioner of human services according to criteria that are updated and issued
3.9annually to ensure that approved screening instruments are valid and useful for child
3.10welfare and juvenile justice populations. Screenings shall be conducted by a mental health
3.11practitioner as defined in section
3.12social services agency staff person who is trained in the use of the screening instrument.
3.13Training in the use of the instrument shall include:
3.14(1) training in the administration of the instrument;
3.15(2) the interpretation of its validity given the child's current circumstances;
3.16(3) the state and federal data practices laws and confidentiality standards;
3.17(4) the parental consent requirement; and
3.18(5) providing respect for families and cultural values.
3.19If the screen indicates a need for assessment, the child's family, or if the family lacks
3.20mental health insurance or is underinsured and paying for an assessment would cause the
3.21child's family financial hardship, the local social services agency, in consultation with
3.22the child's family, shall have conducted a diagnostic assessment, including a functional
3.23assessment, as defined in section
3.24safeguard the privacy of children receiving the screening and their families and shall
3.25comply with the Minnesota Government Data Practices Act, chapter 13, and the federal
3.26Health Insurance Portability and Accountability Act of 1996, Public Law 104-191.
3.27
3.28
3.29on how the funding is used, including the number of children who receive a diagnostic
3.30assessment and services and supports under this program.
3.31 (e) When the county board refers clients to providers of children's therapeutic
3.32services and supports under section
3.33the desired services components not covered under section
3.34reimbursement source for those requested services, the method of payment, and the
3.35payment rate to the provider.
