Bill Text: MS HB1329 | 2017 | Regular Session | Introduced
Bill Title: Mississippi Children's Cabinet; establish to coordinate services for children.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2017-02-09 - Died On Calendar [HB1329 Detail]
Download: Mississippi-2017-HB1329-Introduced.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Accountability, Efficiency, Transparency
By: Representatives Currie, Moore
House Bill 1329
AN ACT TO ESTABLISH A CHILDREN'S CABINET TO COORDINATE SERVICES FOR YOUNG CHILDREN; TO PRESCRIBE THE POWERS AND DUTIES OF THE CHILDREN'S CABINET; TO AMEND SECTION 37-23-145, MISSISSIPPI CODE OF 1972, TO TRANSFER THE AUTHORITY OF THE SPECIAL EDUCATION ADVISORY PANEL TO THE CHILDREN'S CABINET; TO AMEND SECTIONS 41-87-5 AND 43-14-1, MISSISSIPPI CODE OF 1972, TO TRANSFER THE RESPONSIBILITIES OF THE STATE INTERAGENCY COORDINATING COUNCIL (SICC) FOR THE EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES AND THE INTERAGENCY COORDINATING COUNCIL FOR CHILDREN AND YOUTH (ICCCY) TO THE CHILDREN'S CABINET; TO REPEAL SECTION 37-21-53, MISSISSIPPI CODE OF 1972, WHICH ESTABLISHES THE STATE EARLY CHILDHOOD ADVISORY COUNCIL; TO REPEAL SECTION 41-87-7, MISSISSIPPI CODE OF 1972, WHICH ESTABLISHES THE STATE INTERAGENCY COORDINATING COUNCIL FOR THE EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES; TO REPEAL SECTION 41-90-7, MISSISSIPPI CODE OF 1972, WHICH ESTABLISHES AN ADVISORY COMMITTEE TO THE STATE INTERAGENCY COORDINATING COUNCIL; TO REPEAL SECTION 41-105-1 AND 41-105-3, MISSISSIPPI CODE OF 1972, WHICH ESTABLISHES THE HEALTHCARE COORDINATING COUNCIL AND DEFINES THE DUTIES OF THE HEALTHCARE COORDINATING COUNCIL; TO REPEAL SECTION 43-1-101, MISSISSIPPI CODE OF 1972, WHICH ESTABLISHES THE MISSISSIPPI INTERAGENCY COUNCIL ON HOMELESSNESS; TO REPEAL SECTION 43-14-3, MISSISSIPPI CODE OF 1972, WHICH DEFINES THE POWERS AND RESPONSIBILITIES OF THE INTERAGENCY COORDINATING COUNCIL FOR CHILDREN AND YOUTH (ICCCY); TO REPEAL SECTION 43-20-7, MISSISSIPPI CODE OF 1972, WHICH CREATES AN ADVISORY COUNCIL TO THE STATE HEALTH OFFICER; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) There is created a Children's Cabinet that shall coordinate among all agencies and programs serving children. The Cabinet shall consist of:
(a) The Governor, or his designee;
(b) The Executive Director of the Mississippi Department of Human Services;
(c) The State Superintendent of the Mississippi Department of Education;
(d) The Commissioner of Higher Education;
(e) The State Health Officer;
(f) The Executive Director of the Mississippi Department of Mental Health;
(g) The Commissioner of the Department of Child Protection Services;
(h) The Executive Director of the Division of Medicaid;
(i) The Executive Director of the Mississippi Community College Board;
(j) The Executive Director of the Mississippi Department of Rehabilitation Services;
(k) The Executive Director of the Mississippi Department of Employment Security.
(2) The Children's Cabinet shall meet on or before August 1, 2017. The Governor shall designate a chair from the members of the Children's Cabinet. Subject to the availability of funds, the Governor may appoint a secretary to the Children's Cabinet.
(3) The Children's Cabinet shall perform each of the following duties:
(a) Develop and implement a plan to adopt best practices, effective partnerships, potential funding sources, and opportunities for shared services among state agencies to increase opportunities for Mississippi children;
(b) Advise and make recommendations to the Governor on laws, policies, and programs that will produce measurable improvements for children in family life, health care, and education;
(c) Create and adopt an interagency common case management system and interagency business plan for the coordination, administration and implementation of programs and services as related to the Child Care Development Fund in accordance with applicable state and federal laws. The interagency common case management system shall be designed to braid and streamline the delivery of services to children and reduce duplication of services within and between agencies in areas affecting children that have been pursued through numerous working groups;
(d) Determine data collection needs and methods to support the implementation of and continuous quality improvement of the interagency common case management system;
(e) Identify priority areas for collaborative state action;
(f) Develop and implement a shared vision across agencies for improving child and family outcomes;
(g) Foster public awareness of major children's issues, engage new partners in public efforts to serve children and their families, and build a long-term commitment to children's issues in the state;
(h) Assist the Department of Education in the implementation of the Early Learning Collaborative Act of 2013;
(i) Prepare and submit an annual report to the Governor and the Legislature;
(j) Addressing such other issues relating to children as the Governor shall direct;
(k) Facilitate communication, cooperation and maximum use of resources and to promote high standards for all programs serving preschool children, school children, and their families in Mississippi;
(l) Serve as the designated council for early childhood education and care pursuant to federal Public Law 110-134, and to carry out any responsibilities assigned to State Early Childhood Advisory Council (SECAC) by the Governor and/or by applicable federal law;
(m) Serve as the coordinating body for the various agencies and state-funded programs serving young children and their families in the State of Mississippi;
(n) Provide state level leadership and oversight to the development of the Mississippi Statewide System of Care.
(4) The Children's Cabinet shall promulgate all rules and regulations governing the activities of the cabinet.
SECTION 2. Section 37-23-145, Mississippi Code of 1972, is amended as follows:
37-23-145. (1) The * * * Children's Cabinet
established in Section 1 of this act shall establish and maintain an
advisory panel for the purpose of providing policy guidance with respect to
special education and related services for children with disabilities in the
state.
(2) The advisory panel
shall consist of members appointed by the * * * Children's
Cabinet who are representative of the state's population and who are
composed of individuals involved in, or concerned with, the education of
children with disabilities, including:
(a) Parents of children with disabilities;
(b) Individuals with disabilities;
(c) Teachers;
(d) Representatives of institutions of higher education that prepare special education and related services personnel;
(e) State and local education officials;
(f) Administrators of programs for children with disabilities;
(g) Representatives of other state agencies involved in the financing or delivery of related services to children with disabilities;
(h) Representatives of private schools and public charter schools;
(i) At least one (1) representative of a vocational, community or business organization concerned with the provision of transition services to children with disabilities; and
(j) Representatives from the state juvenile and adult correction agencies.
(3) A majority of the members of the panel shall be individuals with disabilities or parents of children with disabilities.
(4) The duties of the advisory panel shall include:
(a) Advise the State Department of Education of unmet needs within the state in the education of children with disabilities;
(b) Comment publicly on any rules or regulations proposed by the State Department of Education regarding the education of children with disabilities;
(c) Advise the State Department of Education in developing evaluations and reporting on data to the secretary in accordance with the requirements under IDEA;
(d) Advise the State Department of Education in developing and implementing policies relating to the coordination of services for children with disabilities; and
(e) Advise the State Department of Education in developing corrective action plans to address findings identified in federal monitoring reports under IDEA.
(5) The advisory panel shall be provided the opportunity to provide comments to the State Board of Education on rules or regulations proposed by the State Department of Education relating to the implementation of the IDEA 1997 Amendments.
SECTION 3. Section 41-87-5, Mississippi Code of 1972, is amended as follows:
41-87-5. Unless the context requires otherwise, the following definitions in this section apply throughout this chapter:
(a) "Eligible infants and toddlers" or "eligible children" means children from birth through thirty-six (36) months of age who need early intervention services because they:
(i) Are experiencing developmental delays as measured by appropriate diagnostic instruments and procedures in one or more of the following areas:
(A) Cognitive development;
(B) Physical development, including vision or hearing;
(C) Communication development;
(D) Social or emotional development;
(E) Adaptive development;
(ii) Have a diagnosed physical or mental condition, as defined in state policy, that has a high probability of resulting in developmental delay;
(iii) Are at risk of having substantial developmental delays if early intervention services are not provided due to conditions as defined in state policy. (This category may be served at the discretion of the lead agency contingent upon available resources.)
(b) "Early intervention services" are developmental services that:
(i) Are provided under public supervision;
(ii) Are provided at no cost except where federal or state law provides for a system of payments by families, including a schedule of sliding fees;
(iii) Are designed to meet the developmental needs of an infant or toddler with a disability in any one or more of the following areas:
(A) Physical development;
(B) Cognitive development;
(C) Communication development;
(D) Social or emotional development; or
(E) Adaptive development;
(iv) Meet the requirements of Part C of the Individuals with Disabilities Education Act (IDEA) and the early intervention standards of the State of Mississippi;
(v) Include, but are not limited to, the following services:
(A) Assistive technology devices and assistive technology services;
(B) Audiology;
(C) Family training, counseling and home visits;
(D) Health services necessary to enable a child to benefit from other early intervention services;
(E) Medical services only for diagnostic or evaluation purposes;
(F) Nutrition services;
(G) Occupational therapy;
(H) Physical therapy;
(I) Psychological services;
(J) Service coordination (case management);
(K) Social work services;
(L) Special instruction;
(M) Speech-language pathology;
(N) Transportation and related costs that are necessary to enable an infant or toddler and her/his family to receive early intervention services; and
(O) Vision services;
(vi) Are provided by qualified personnel as determined by the state's personnel standards, including:
(A) Audiologists;
(B) Family therapists;
(C) Nurses;
(D) Nutritionists;
(E) Occupational therapists;
(F) Orientation and mobility specialists;
(G) Pediatricians and other physicians;
(H) Physical therapists;
(I) Psychologists;
(J) Social workers;
(K) Special educators;
(L) Speech and language pathologists;
(vii) Are provided, to the maximum extent appropriate, in natural environments, including the home, and community settings in which children without disabilities would participate;
(viii) Are provided in conformity with an individualized family service plan.
(c)
"Council" means the * * * Children's
Cabinet established under Section * * * 1 of this act.
(d) "Lead agency" means the State Department of Health.
(e) "Participating agencies" includes, but is not limited to, the State Department of Education, the Department of Human Services, the State Department of Health, the Division of Medicaid, the State Department of Mental Health, the University Medical Center, the Board of Trustees of State Institutions of Higher Learning and the Mississippi Community College Board.
(f) "Local community" means a county either jointly, severally, or a portion thereof, participating in the provision of early intervention services.
(g) "Primary service agency" means the agency, whether a state agency, local agency, local interagency council or service provider which is designated by the lead agency to serve as the fiscal and contracting agent for a local community.
(h) "Multidisciplinary team" means a group comprised of the parent(s) or legal guardian and the service providers, as appropriate, described in paragraph (b) of this section, who are assembled for the purposes of:
(i) Assessing the developmental needs of an infant or toddler;
(ii) Developing the individualized family service plan; and
(iii) Providing the infant or toddler and his or her family with the appropriate early intervention services as detailed in the individualized family service plan.
(i) "Individualized family service plan" means a written plan designed to address the needs of the infant or toddler and his or her family as specified under Section 41-87-13.
(j) "Early intervention standards" means those standards established by any agency or agencies statutorily designated the responsibility to establish standards for infants and toddlers with disabilities, in coordination with the council and in accordance with Part C of IDEA.
(k) "Early intervention system" means the total collaborative effort in the state that is directed at meeting the needs of eligible children and their families.
(l) "Parent," for the purpose of early intervention services, means a parent, a guardian, a person acting as a parent of a child, foster parent, or an appointed surrogate parent. The term does not include the state if the child is a ward of the state where the child has not been placed with individuals to serve in a parenting capacity, such as foster parents, or when a surrogate parent has not been appointed. When a child is the ward of the state, a Department of Human Services representative will act as parent for purposes of service authorization.
(m) "Policies" means the state statutes, regulations, Governor's orders, directives by the lead agency, or other written documents that represent the state's position concerning any matter covered under this chapter.
(n) "Regulations" means the United States Department of Education's regulations concerning the governance and implementation of Part C of IDEA, the Early Intervention Program for Infants and Toddlers with Disabilities.
SECTION 4. Section 43-14-1, Mississippi Code of 1972, is amended as follows:
43-14-1. (1) The purpose of this chapter is to provide for the development, implementation and oversight of a coordinated interagency system of necessary services and care for children and youth, called the Mississippi Statewide System of Care, up to age twenty-one (21) with serious emotional/behavioral disorders including, but not limited to, conduct disorders, or mental illness who require services from a multiple services and multiple programs system, and who can be successfully diverted from inappropriate institutional placement. The Mississippi Statewide System of Care is to be conducted in the most fiscally responsible (cost-efficient) manner possible, based on an individualized plan of care which takes into account other available interagency programs, including, but not limited to, Early Intervention Act of Infants and Toddlers, Section 41-87-1 et seq., Early Periodic Screening Diagnosis and Treatment, Section 43-13-117(A)(5), waivered program for home- and community-based services for developmentally disabled people, Section 43-13-117(A)(29), and waivered program for targeted case management services for children with special needs, Section 43-13-117(A)(31), those children identified through the federal Individuals with Disabilities Education Act of 1997 as having a serious emotional disorder (EMD), the Mississippi Children's Health Insurance Program and waivered programs for children with serious emotional disturbances, Section 43-13-117(A)(46), and is tied to clinically and functionally appropriate outcomes. Some of the outcomes are to reduce the number of inappropriate out-of-home placements inclusive of those out-of-state and to reduce the number of inappropriate school suspensions and expulsions for this population of children. This coordinated interagency system of necessary services and care shall be named the Mississippi Statewide System of Care. Children to be served by this chapter who are eligible for Medicaid shall be screened through the Medicaid Early Periodic Screening Diagnosis and Treatment (EPSDT) and their needs for medically necessary services shall be certified through the EPSDT process. For purposes of this chapter, the Mississippi Statewide System of Care is defined as a coordinated network of agencies and providers working as a team to make a full range of mental health and other necessary services available as needed by children with mental health problems and their families. The Mississippi Statewide System of Care shall be:
(a) Child centered, family focused, family driven and youth guided;
(b) Community based;
(c) Culturally competent and responsive; and shall provide for:
(i) Service coordination or case management;
(ii) Prevention and early identification and intervention;
(iii) Smooth transitions among agencies and providers, and to the transition-age and adult service systems;
(iv) Human rights protection and advocacy;
(v) Nondiscrimination in access to services;
(vi) A comprehensive array of services composed of treatment and informal supports that are identified as best practices and/or evidence-based practices;
(vii) Individualized service planning that uses a strengths-based, wraparound process;
(viii) Services in the least restrictive environment;
(ix) Family participation in all aspects of planning, service delivery and evaluation; and
(x) Integrated services with coordinated planning across child-serving agencies.
Mississippi Statewide System of Care services shall be timely, intensive, coordinated and delivered in the community. Mississippi Statewide System of Care services shall include, but not be limited to, the following:
(a) Comprehensive crisis and emergency response services;
(b) Intensive case management;
(c) Day treatment;
(d) Alcohol and drug abuse group services for youth;
(e) Individual, group and family therapy;
(f) Respite services;
(g) Supported employment services for youth;
(h) Family education and support and family partners;
(i) Youth development and support and youth partners;
(j) Positive behavioral supports (PBIS) in schools;
(k) Transition-age supported and independent living services; and
(l) Vocational/technical education services for youth.
(2) There is established
the Interagency Coordinating Council for Children and Youth (hereinafter
referred to as the "ICCCY"). * * *
From and after July 1, 2017, the responsibilities of the ICCCY shall be
transferred to and administered by the Mississippi Children's Cabinet
established in Section 1 of this act.
(3) The * * *
Children's Cabinet shall serve as the state management team * * *, with the responsibility of
collecting and analyzing data and funding strategies necessary to improve the
operation of the Mississippi Statewide System of Care, and to make recommendations * * * to the Legislature concerning
such strategies on, at a minimum, an annual basis. The System of Care Council
also has the responsibility of coordinating the local Multidisciplinary
Assessment and Planning (MAP) teams and "A" teams and may apply for
grants from public and private sources necessary to carry out its
responsibilities. * * *
(4) (a) As part of the Mississippi Statewide System of Care, there is established a statewide system of local Multidisciplinary Assessment, Planning and Resource (MAP) teams. The MAP teams shall be comprised of one (1) representative each at the county level from the major child-serving public agencies for education, human services, health, mental health and rehabilitative services approved by respective state agencies of the Department of Education, the Department of Human Services, the Department of Health, the Department of Mental Health and the Department of Rehabilitation Services. These agencies shall, by policy, contract or regulation require participation on MAP teams and "A" teams at the county level by the appropriate staff. Three (3) additional members may be added to each team, one (1) of which may be a representative of a family education/support 501(c)3 organization with statewide recognition and specifically established for the population of children defined in Section 43-14-1. The remaining members will be representatives of significant community-level stakeholders with resources that can benefit the population of children defined in Section 43-14-1. The Department of Education shall assist in recruiting and identifying parents to participate on MAP teams and "A" teams.
(b) For each local existing MAP team that is established pursuant to paragraph (a) of this subsection, there shall also be established an "A" (Adolescent) team which shall work with a MAP team. The "A" teams shall provide System of Care services for youthful offenders who have serious behavioral or emotional disorders. Each "A" team shall be comprised of, at a minimum, the following five (5) members:
(i) A school counselor, mental health therapist or social worker;
(ii) A community mental health professional;
(iii) A social services/child welfare professional;
(iv) A youth court counselor; and
(v) A parent who had a child in the juvenile justice system.
(c) The * * * Children's Cabinet
established in Section 1 of this act shall work to develop MAP teams
statewide that will serve to become the single point of entry for children and
youth about to be placed in out-of-home care for reasons other than parental
abuse/neglect.
(5) * * * The * * * Children's Cabinet shall support
the implementation of the plans of the respective state agencies for
comprehensive, community-based, multidisciplinary care, treatment and placement
of these children.
(6) The * * * Children's Cabinet shall oversee
a pool of state funds that may be contributed by each participating state
agency and additional funds from the Mississippi Tobacco Health Care
Expenditure Fund, subject to specific appropriation therefor by the
Legislature. Part of this pool of funds shall be available for increasing the
present funding levels by matching Medicaid funds in order to increase the
existing resources available for necessary community-based services for
Medicaid beneficiaries.
(7) The local interagency coordinating care MAP team or "A" team will facilitate the development of the individualized System of Care programs for the population targeted in this section.
(8) Each local MAP team and "A" team shall serve as the single point of entry and re-entry to ensure that comprehensive diagnosis and assessment occur and shall coordinate needed services through the local MAP team and "A" team members and local service providers for the children named in subsection (1). Local children in crisis shall have first priority for access to the MAP team and "A" team processes and local System of Care services.
(9) The * * *
Children's Cabinet shall facilitate monitoring of the performance of
local MAP teams.
(10) Each * * *
Children's Cabinet shall enter into a binding memorandum of
understanding to participate in the further development and oversight of the
Mississippi Statewide System of Care for the children and youth described in
this section. The agreement shall outline the system responsibilities in all
operational areas, including ensuring representation on MAP teams, funding, data
collection, referral of children to MAP teams and "A" teams, and
training. The agreement shall be signed and in effect by July 1 of each year.
SECTION 5. Section 37-21-53, Mississippi Code of 1972, which establishes the State Early Childhood Advisory Council, is repealed.
SECTION 6. Section 41-87-7, Mississippi Code of 1972, which establishes the State Interagency Coordinating Council for the Early Intervention Program for Infants and Toddlers with Disabilities, is repealed.
SECTION 7. Section 41-90-7, Mississippi Code of 1972, which established an Advisory Committee to the State Interagency Coordinating Council, is repealed.
SECTION 8. Sections 41-105-1 and 41-105-3, Mississippi Code of 1972, which establish the Healthcare Coordinating Council and define the duties of the Healthcare Coordinating Council, are repealed.
SECTION 9. Section 43-1-101, Mississippi Code of 1972, which establishes the Mississippi Interagency Council on Homelessness, is repealed.
SECTION 10. Section 43-14-3, Mississippi Code of 1972, which defines the powers and responsibilities of the Interagency Coordinating Council for Children and Youth (ICCCY), is repealed.
SECTION 11. Section 43-20-7, Mississippi Code of 1972, which creates an Advisory Council to the State Health Officer, is repealed.
SECTION 12. This act shall take effect and be in force from and after July 1, 2017.
