HF 2095

as introduced - 88th Legislature (2013 - 2014) Posted on 02/25/2014 03:05pm

A bill for an act
relating to children; modifying mental health screening and assessment
procedures for certain children; requiring reports; amending Minnesota Statutes
2012, section 245.4874, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 245.4874, subdivision 1, is amended to read:

Subdivision 1.

Duties of county board.

(a) The county board must:

(1) develop a system of affordable and locally available children's mental health
services according to sections 245.487 to 245.4889;

(2) establish a mechanism providing for interagency coordination as specified in
section 245.4875, subdivision 6;

(3) consider the assessment of unmet needs in the county as reported by the local
children's mental health advisory council under section 245.4875, subdivision 5, paragraph
(b), clause (3). The county shall provide, upon request of the local children's mental health
advisory council, readily available data to assist in the determination of unmet needs;

(4) assure that parents and providers in the county receive information about how to
gain access to services provided according to sections 245.487 to 245.4889;

(5) coordinate the delivery of children's mental health services with services provided
by social services, education, corrections, health, and vocational agencies to improve the
availability of mental health services to children and the cost-effectiveness of their delivery;

(6) assure that mental health services delivered according to sections 245.487
to 245.4889 are delivered expeditiously and are appropriate to the child's diagnostic
assessment and individual treatment plan;

(7) provide the community with information about predictors and symptoms of
emotional disturbances and how to access children's mental health services according to
sections 245.4877 and 245.4878;

(8) provide for case management services to each child with severe emotional
disturbance according to sections 245.486; 245.4871, subdivisions 3 and 4; and 245.4881,
subdivisions 1, 3, and 5;

(9) provide for screening of each child under section 245.4885 upon admission
to a residential treatment facility, acute care hospital inpatient treatment, or informal
admission to a regional treatment center;

(10) prudently administer grants and purchase-of-service contracts that the county
board determines are necessary to fulfill its responsibilities under sections 245.487 to
245.4889;

(11) assure that mental health professionals, mental health practitioners, and case
managers employed by or under contract to the county to provide mental health services
are qualified under section 245.4871;

(12) assure that children's mental health services are coordinated with adult mental
health services specified in sections 245.461 to 245.486 so that a continuum of mental health
services is available to serve persons with mental illness, regardless of the person's age;

(13) assure that culturally competent mental health consultants are used as necessary
to assist the county board in assessing and providing appropriate treatment for children of
cultural or racial minority heritage; and

(14) consistent with section 245.486, arrange for or provide a children's mental
health screening for:

(i) a child receiving child protective services;

(ii) a child in out-of-home placement;

(iii) a child for whom parental rights have been terminated;

(iv) a child found to be delinquent; or

(v) a child found to have committed a juvenile petty offense for the third or
subsequent time.

A children's mental health screening new text begin may be conducted but new text end is not required when a
screening or diagnostic assessment has been performed within the previous 180 days, or
the child is currently under the care of a mental health professional.

(b) When a child is receiving protective services or is in out-of-home placement,
the court or county agency must notify a parent or guardian whose parental rights have
not been terminated of the potential mental health screening and the option to prevent the
screening by notifying the court or county agency in writing.

(c) When a child is found to be delinquent or a child is found to have committed a
juvenile petty offense for the third or subsequent time, the court or county agency must
deleted text begin obtain written informed consent from deleted text end new text begin notify new text end the parent or legal guardian before a screening
is conducted deleted text begin unless the court, notwithstanding the parent's failure to consent, determines
that the screening is in the child's best interest deleted text end new text begin of the potential mental health screening and
the option to prevent the screening by notifying the court or county agency in writing new text end .

(d) The screening shall be conducted with a screening instrument approved by
the commissioner of human services according to criteria that are updated and issued
annually to ensure that approved screening instruments are valid and useful for child
welfare and juvenile justice populations. Screenings shall be conducted by a mental health
practitioner as defined in section 245.4871, subdivision 26, or a probation officer or local
social services agency staff person who is trained in the use of the screening instrument.
Training in the use of the instrument shall include:

(1) training in the administration of the instrument;

(2) the interpretation of its validity given the child's current circumstances;

(3) the state and federal data practices laws and confidentiality standards;

(4) the parental consent requirement; and

(5) providing respect for families and cultural values.

If the screen indicates a need for assessment, the child's family, or if the family lacks
mental health insurance new text begin or is underinsured and paying for an assessment would cause the
child's family financial hardship new text end , the local social services agency, in consultation with
the child's family, shall have conducted a diagnostic assessment, including a functional
assessment, as defined in section 245.4871. The administration of the screening shall
safeguard the privacy of children receiving the screening and their families and shall
comply with the Minnesota Government Data Practices Act, chapter 13, and the federal
Health Insurance Portability and Accountability Act of 1996, Public Law 104-191.
deleted text begin Screening results shall be considered private data and the commissioner shall not collect
individual screening results. deleted text end new text begin Counties shall report to the commissioner of human services
on how the funding is used, including the number of children who receive a diagnostic
assessment and services and supports under this program.
new text end

(e) When the county board refers clients to providers of children's therapeutic
services and supports under section 256B.0943, the county board must clearly identify
the desired services components not covered under section 256B.0943 and identify the
reimbursement source for those requested services, the method of payment, and the
payment rate to the provider.