BILL NUMBER: AB 989 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 27, 2011
AMENDED IN ASSEMBLY MARCH 21, 2011
INTRODUCED BY Assembly Member Mitchell
( Coauthors: Assembly Members
Ammiano, Blumenfield, Bonilla,
Bonnie Lowenthal, Portantino, and Williams
)
(Coauthor: Senator Correa)
FEBRUARY 18, 2011
An act to amend Section 5847 of the Welfare and Institutions Code,
relating to mental health.
LEGISLATIVE COUNSEL'S DIGEST
AB 989, as amended, Mitchell. Mental health: children's services.
Existing law contains provisions governing the operation and
financing of community mental health services for the mentally
disordered in every county through locally administered and locally
controlled community mental health programs. Existing law, the Mental
Health Services Act, an initiative measure enacted by the voters as
Proposition 63 at the November 2, 2004, statewide general election,
establishes the Mental Health Services Fund to fund various county
mental health programs. The act provides that it may be amended by
the Legislature by a 2/3 vote of each house as long as the amendment
is consistent with and furthers the intent of the act, and that the
Legislature may also clarify procedures and terms of the act by
majority vote.
Existing law requires each county mental health program to prepare
and submit a 3-year plan that is required to be updated at
least annually and approved by the department after review and
comment by the Mental Health Services Oversight and Accountability
Commission. Existing law requires the 3-year plan to include
that includes information on specified
programs, including, but not limited to, programs for services
to children and adults , including
and requires these prog rams to provide services to
address the needs of transition age youth 16 to 25 years of
age.
This bill would specifically include in the plan
requirement, for certain programs, require county
mental health programs, in providing for services for transition age
youth, to consider the needs of transition age foster youth.
This bill would declare that it clarifies procedures and terms of the
act. Because this bill would require counties to include
additional information in the 3-year plan consider the
needs of transition age foster youth in connection with programs for
children and adults , it would impose a state-mandated local
program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5847 of the Welfare
and Institutions Code is amended to read:
5847. Integrated Plans for Prevention, Innovation, and System of
Care Services.
(a) It is the intent of the Legislature to streamline the approval
processes of the State Department of Mental Health and the Mental
Health Services Oversight and Accountability Commission of programs
developed pursuant to Sections 5891 and 5892.
(b) Each county mental health program shall prepare and submit a
three-year plan. The plan and update shall include
all of the following:
(1) A program for prevention and early intervention in accordance
with Part 3.6 (commencing with Section 5840).
(2) A program for services to children in accordance with Part 4
(commencing with Section 5850), to include a program pursuant to
Chapter 4 (commencing with Section 18250) of Part 6 of Division 9 or
provide substantial evidence that it is not feasible to establish a
wraparound program in that county.
(3) A program for services to adults and seniors in accordance
with Part 3 (commencing with Section 5800).
(4) A program for innovations in accordance with Part 3.2
(commencing with Section 5830).
(5) A program for technological needs and capital facilities
needed to provide services pursuant to Part 3 (commencing with
Section 5800), Part 3.6 (commencing with Section 5840), and Part 4
(commencing with Section 5850). All plans for proposed facilities
with restrictive settings shall demonstrate that the needs of the
people to be served cannot be met in a less restrictive or more
integrated setting.
(6) Identification of shortages in personnel to provide services
pursuant to the above programs and the additional assistance needed
from the education and training programs established pursuant to Part
3.1 (commencing with Section 5820).
(7) Establishment and maintenance of a prudent reserve to ensure
the county program will continue to be able to serve children,
adults, and seniors that it is currently serving pursuant to Part 3
(commencing with Section 5800), the Adult and Older Adult Mental
Health System of Care Act, Part 3.6 (commencing with Section 5840),
Prevention and Early Intervention Programs, and Part 4 (commencing
with Section 5850), the Children's Mental Health Services Act, during
years in which revenues for the Mental Health Services Fund are
below recent averages adjusted by changes in the state population and
the California Consumer Price Index.
(c) The State Department of Mental Health shall not issue
guidelines for the Integrated Plans for Prevention, Innovation, and
System of Care Services before January 1, 2012.
(d) The programs established pursuant to paragraphs (2) and (3) of
subdivision (b) shall include services to address the needs of
transition age youth ages 16 to 25. In implementing this
subdivision, county mental health programs shall consider the needs
of transition age foster youth.
(e) Each year the State Department of Mental Health, in
consultation with the California Mental Health Directors Association,
the Mental Health Services Oversight and Accountability Commission,
and the Mental Health Planning Council, shall inform counties of the
amounts of funds available for services to children pursuant to Part
4 (commencing with Section 5850), and to adults and seniors pursuant
to Part 3 (commencing with Section 5800). Each county mental health
program shall prepare expenditure plans pursuant to Part 3
(commencing with Section 5800), and Part 4 (commencing with Section
5850), and updates to the plans developed pursuant to this section.
Each expenditure update shall indicate the number of children,
adults, and seniors to be served pursuant to Part 3 (commencing with
Section 5800), and Part 4 (commencing with Section 5850), and the
cost per person. The expenditure update shall include utilization of
unspent funds allocated in the previous year and the proposed
expenditure for the same purpose.
(f) A county mental health program shall include an allocation of
funds from a reserve established pursuant to paragraph (6)
(7) of subdivision (b) for services pursuant to
paragraphs (2) and (3) of subdivision (b) in years in which the
allocation of funds for services pursuant to subdivision (d)
(e) are not adequate to continue to serve the
same number of individuals as the county had been serving in the
previous fiscal year.
SECTION 1. Section 5847 of the Welfare and
Institutions Code is amended to read:
5847. Integrated Plans for Prevention, Innovation, and System of
Care Services.
(a) It is the intent of the Legislature to streamline the approval
processes of the State Department of Mental Health and the Mental
Health Services Oversight and Accountability Commission of programs
developed pursuant to Sections 5891 and 5892.
(b) Each county mental health program shall prepare and submit a
three-year plan which shall be updated at least annually and approved
by the department after review and comment by the Mental Health
Services Oversight and Accountability Commission. The plan and update
shall include all of the following:
(1) A program for prevention and early intervention in accordance
with Part 3.6 (commencing with Section 5840).
(2) A program for services to children in accordance with Part 4
(commencing with Section 5850), to include a program pursuant to
Chapter 4 (commencing with Section 18250) of Part 6 of Division 9 or
provide substantial evidence that it is not feasible to establish a
wraparound program in that county.
(3) A program for services to adults and seniors in accordance
with Part 3 (commencing with Section 5800).
(4) A program for innovations in accordance with Part 3.2
(commencing with Section 5830).
(5) A program for technological needs and capital facilities
needed to provide services pursuant to Part 3 (commencing with
Section 5800), Part 3.6 (commencing with Section 5840), and Part 4
(commencing with Section 5850). All plans for proposed facilities
with restrictive settings shall demonstrate that the needs of the
people to be served cannot be met in a less restrictive or more
integrated setting.
(6) Identification of shortages in personnel to provide services
pursuant to the above programs and the additional assistance needed
from the education and training programs established pursuant to Part
3.1 (commencing with Section 5820).
(7) Establishment and maintenance of a prudent reserve to ensure
the county program will continue to be able to serve children,
adults, and seniors that it is currently serving pursuant to Part 3
(commencing with Section 5800), the Adult and Older Adult Mental
Health System of Care Act, Part 3.6 (commencing with Section 5840),
Prevention and Early Intervention Programs, and Part 4 (commencing
with Section 5850), the Children's Mental Health Services Act, during
years in which revenues for the Mental Health Services Fund are
below recent averages adjusted by changes in the state population and
the California Consumer Price Index.
(c) The State Department of Mental Health shall not issue
guidelines for the Integrated Plans for Prevention, Innovation, and
System of Care Services before January 1, 2012.
(d) The department's review and approval of the programs specified
in paragraphs (1) and (4) of subdivision (b) shall be limited to
ensuring the consistency of these programs with the other portions of
the plan and providing review and comment to the Mental Health
Services Oversight and Accountability Commission. As part of its
review, the department shall inform the Department of Veterans
Affairs of county plans that have outreach programs specifically for
veterans or that provide services specifically for veterans.
(e) The programs established pursuant to paragraphs (2) and (3) of
subdivision (b) shall include services to address the needs of
transition age youth ages 16 to 25, including transition age foster
youth.
(f) Each year the State Department of Mental Health, in
consultation with the California Mental Health Directors Association,
the Mental Health Services Oversight and Accountability Commission,
and the Mental Health Planning Council, shall inform counties of the
amounts of funds available for services to children pursuant to Part
4 (commencing with Section 5850), and to adults and seniors pursuant
to Part 3 (commencing with Section 5800). Each county mental health
program shall prepare expenditure plans pursuant to Part 3
(commencing with Section 5800), and Part 4 (commencing with Section
5850), and updates to the plans developed pursuant to this section.
Each expenditure update shall indicate the number of children,
adults, and seniors to be served pursuant to Part 3 (commencing with
Section 5800), and Part 4 (commencing with Section 5850), and the
cost per person. The expenditure update shall include utilization of
unspent funds allocated in the previous year and the proposed
expenditure for the same purpose.
(g) (1) The department shall evaluate each proposed expenditure
plan and determine the extent to which each county has the capacity
to serve the proposed number of children, adults, and seniors
pursuant to Part 3 (commencing with Section 5800), and Part 4
(commencing with Section 5850); the extent to which there is an unmet
need to serve that number of children, adults, and seniors; and
determine the amount of available funds; and provide each county with
an allocation from the funds available. The department shall give
greater weight for a county or a population which has been
significantly underserved for several years. The department shall
approve, deny, or request information on a county expenditure plan or
update no later than 60 days upon receipt.
(2) The department shall only evaluate those programs in a county
expenditure plan or update that have not previously been approved or
that have previously identified problems which have been conveyed to
the county. The department shall distribute the funds for renewal of
the previously approved programs contained in the county expenditure
plan or update prior to approval of the county expenditure plan or
update.
(h) A county mental health program shall include an allocation of
funds from a reserve established pursuant to paragraph (6) of
subdivision (b) for services pursuant to paragraphs (2) and (3) of
subdivision (b) in years in which the allocation of funds for
services pursuant to subdivision (e) are not adequate to continue to
serve the same number of individuals as the county had been serving
in the previous fiscal year.
SEC. 2. The Legislature finds and declares that this measure
clarifies procedures and terms of the Mental Health Services Act
within the meaning of Section 18 of the act.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the local agency receives funds from the Mental Health Services Fund
for this purpose pursuant to Proposition 63, an initiative measure
approved by the voters at the November 2, 2004, general election.