BILL NUMBER: AB 2228 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Hayashi
FEBRUARY 24, 2012
An act to amend Section 5847 of the Welfare and Institutions Code,
relating to mental health.
LEGISLATIVE COUNSEL'S DIGEST
AB 2228, as introduced, Hayashi. Mental Health Services Act:
family justice centers.
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
a 3-year plan that includes, among other things, a program for
services to children and for services to adults and seniors.
Existing law authorizes, until January 1, 2014, specified cities
and counties to establish a multiagency, multidisciplinary family
justice center to assist victims of domestic violence,
officer-involved domestic violence, sexual assault, elder or
dependent adult abuse, stalking, cyberstalking, cyberbullying, and
human trafficking, to ensure that victims of abuse are able to access
all needed services in one location and to enhance victim safety,
increase offender accountability, and improve access to services for
victims of crime, as provided.
This bill would require the county mental health programs for
children and for adults and seniors to include services that address
the needs of crime victims who seek services at a family justice
center, if the county has a family justice center, thereby imposing a
state-mandated local program. This bill would declare that it is
consistent with and furthers the intent of the Mental Health Services
Act.
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: 2/3. 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 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) For counties with family justice centers, the programs
established pursuant to paragraphs (2) and (3) of subdivision (b)
shall include services to address the needs of crime victims who seek
services at family justice centers, including, but not limited to,
family justice centers established pursuant to Title 5.3 (commencing
with Section 13750) of Part 4 of the Penal Code.
(e)
(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.
(f)
(g) A county mental health program shall include an
allocation of funds from a reserve established pursuant to paragraph
(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 (e) (f)
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 is
consistent with and furthers the intent of the Mental Health Services
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.