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THE SENATE |
S.B. NO. |
3137 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO MENTAL HEALTH SERVICES FOR CHILDREN AND ADOLESCENTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The importance of children and adolescent mental health was emphasized during the COVID-19 pandemic. The pandemic significantly impacted the social, emotional, and mental well-being of youth globally. Hawaii children and adolescents, like those in other states in the nation, were more likely to have depression and anxiety after the first year of the COVID-19 pandemic.
The child and adolescent mental health division of the department of health is the State's Medicaid provider of intensive mental health services for youth. Services provided by the division may be described as a multi-tiered and multi-agency system of care.
The child and adolescent mental health division receives referrals from, and provides mental health services in coordination and collaboration with, other state government agencies, as appropriate. For example, the division may receive a client who is housed in a detention home, has been abused, and has dropped out of school. The division will provide the child with treatment and services in coordination with other state agencies (e.g., judiciary, child welfare services, and department of education) that may be involved given the child's circumstances. To minimize disruptions in the daily lives of the clients and their families, the division provides its clients with community-based services and supports by contracting with mental health professionals who practice near or in the communities where eligible children and adolescents live.
The purpose of this bill is to amend and update statutes pertaining to mental health services for children and adolescents provided by the child and adolescent mental health division to describe the current mental health systems of care that address mental health needs of children and adolescent in Hawaii.
SECTION 2. Chapter 321, Hawaii Revised Statutes, is amended by adding to part XV a new section to be appropriately designated and to read as follows:
"§321- Definitions. For the purposes of this part:
"Client"
means a child or adolescent who is receiving services from the child and adolescent
mental health division.
"Division"
means the department of health's child and adolescent mental health division."
SECTION 3. Section 321-171, Hawaii Revised Statutes, is amended
to read as follows:
"§321-171 [Children's] Children and adolescents' mental health services;
department responsibility. It shall be
the responsibility of the department of health to:
(1) Provide preventative health services for
children and [youth;] and adolescents; and
(2) Provide diagnostic and treatment services
for emotionally disturbed children and [youth; and
(3) Provide treatment and rehabilitative
services for mentally ill children and youth.] adolescents.
[Such]
These services shall be delivered [at the earliest possible moment]
as soon as reasonably possible after the need for [such] the
services is established. [All] Subject
to the availability of state or federal resources, eligible children and [youth]
adolescents between the ages of birth and seventeen years shall receive
the necessary mental health services to [insure] ensure their proper
and full development. [If there is any
adjudication or settlement of any legal action involving the delivery of children's
mental health services, the] The department of health shall
be responsible for the coordination of carrying out the terms of [the] any
judgment or settlement[.] related to the delivery of children and adolescents'
mental health services, as required by this section."
SECTION 4. Section 321-172, Hawaii Revised Statutes, is amended
to read as follows:
"§321-172 [Children's mental health services branch.]
Child and adolescent mental health division. There is established within the department of health[,
mental health division, a children's] a child and adolescent mental health
[branch] division, which shall coordinate the effective and efficient
delivery of mental health services to children and [youth,] adolescents,
including services provided by private nonprofit agencies under contract to the
department of health, and be responsible for the development and implementation
of centralized and highly specialized programs for children and [youth.]
adolescents."
SECTION
5. Section 321-173, Hawaii Revised Statutes,
is amended to read as follows:
"§321-173 [Community mental health services] Family
guidance centers for children and [youth.] adolescents.
[There is established within each
community mental health center a children's mental health services team which,]
The division shall implement and administer family guidance centers. The family guidance centers, in conjunction
with public and private agencies, shall develop and provide a network of preventative,
early identification, screening, diagnostic, treatment, and rehabilitative services
for children and [youth] adolescents based on the needs of each [geographic
region] county in which the [community mental health] family
guidance center is located. The [children's
mental health services teams] division shall cooperate with and promote
the coordination of the activities of local public and private agencies servicing
children and [youth] adolescents in their [particular geographic
area.] county or the closest county that has resources and services that
meet the client's needs."
SECTION 6. Section 321-175, Hawaii Revised Statutes is amended to read as follows:
"§321-175 Statewide [children's] child and adolescent
mental health services plan. (a) Commencing [on September 1, 1980,] in
the year 2027, and every [four] five years thereafter, the [children's
mental health services branch, on or before September 1 of each four-year cycle,]
division shall develop and [present] submit to the governor
and the legislature[, as well as release for public inspection and comment,]
twenty days before the beginning of the legislative session a current statewide
[children's] child and adolescent mental health services plan [which]
that shall include:
(1) [A survey of the children and youth in
the State who are (A) in need of and (B) receiving mental health services showing
the total number of such children and youth and their geographic distribution;]
An assessment of the mental health needs of children and adolescents in the State;
(2) [Identification of the public and private
providers of mental health services to children and youth;] An assessment
of resources available to meet the mental health needs of children and adolescents
in the State;
(3) [Identification of the criteria and standards
for the treatment to be received by emotionally disturbed or mentally ill children
and youth;] Identification of gaps between needs and available resources;
[(4) A program for the recruitment, orientation,
and in-service training of personnel in community mental health services to children
and youth, and to allied fields, including participation, as appropriate, by institutions
of higher learning, state and local agencies, and other public and private agencies
having relevant expertise;
(5)] (4) A description of the provisions for prevention,
[early identification,] diagnosis, screening, and treatment, which
is inclusive of [and] rehabilitation; and [(including, with
regard to treatment and rehabilitation, services provided through inpatient, outpatient,
and community residential facilities) of children and youth in need of mental health
services;
(6)] (5) [An implementation plan for
providing mental health services to all children and youth in the State in each
of the above mentioned areas; and] Recommendations to the governor and the
legislature on how mental health needs of children and adolescents can be met.
[(7) Any additional matters which may be necessary
or appropriate, including recommendations for amendment of laws, changes in administrative
practices and patterns of organization, and changes in levels and patterns of financial
support relating to children's mental health services.]
(b) Prior to the submission of the statewide [children's]
child and adolescent mental health services plan under subsection (a) to
the governor and the legislature, the department of health shall hold public
hearings on the plan in accordance with [chapter 91.] section 92-41. There shall be at least one hearing in each county;
except that the city and county of Honolulu shall have three hearings in strategic
geographic locations to provide the widest exposure of the plan to the population.
(c) Any amendments to the statewide [children's]
child and adolescent mental health services plan shall be made after public
meetings held in accordance with [chapter 91.] subsection (b)."
SECTION 7. Section 321-176, Hawaii Revised Statutes, is repealed.
["§321-176 Biennial review of progress. Every two years, starting January 1, 1979, the
department of health, on or before January 1 of each two-year cycle, shall submit
to the legislature and the governor a report setting forth:
(1) A detailed analysis of the progress made
toward fulfilling the statewide children's mental health services plan developed
under section 321-175; and
(2) Other matters which are necessary or
appropriate, including recommendations for any amendment to any law, any change
in the administrative practices and patterns of organization, the current and prevailing
memoranda of agreement, and any change in the levels and patterns of financial support."]
SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 9. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
Department of Health; Child and Adolescent Mental Health
Description:
Amends the statutes pertaining to mental health services for children and adolescents provided by the Child and Adolescent Mental Health Division of the Department of Health to reflect the current mental health systems of care that address intensive mental health needs of children and adolescents.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.