BILL NUMBER: AB 2034 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Members Steinberg and Baugh
(Principal coauthors: Assembly Members Scott and Shelley)
(Principal coauthors: Senators Burton and Perata)
(Coauthors: Assembly Members Alquist, Aroner, Bock, Cox,
Hertzberg, Honda, Keeley, Knox, Kuehl, Longville, Lowenthal,
Machado, Mazzoni, Pescetti, Strom-Martin, Thomson, and Torlakson)
(Coauthors: Senators Alpert, Chesbro, Rainey, Solis, and
Vasconcellos)
FEBRUARY 18, 2000
An act to amend Sections 5806, 5814, and 5814.5 of the Welfare and
Institutions Code, relating to mental health, and making an
appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 2034, as introduced, Steinberg. Mental health funding: local
grants.
Existing law requires the State Department of Mental Health to
establish service standards relating to mental health programs.
These standards include plans for services and evaluation strategies
to coordinate and provide access to housing assistance, vocational
rehabilitation, and veterans' services.
This bill would include transition youth, as defined, within the
target population and implement additional service standards relating
to outreach and diagnostic and assessment services.
Existing law requires the director to establish a methodology for
awarding grants and to establish a designated advisory committee.
The department is also required to select up to 3 counties for
eligibility for demonstration grants to be used to provide
comprehensive services to the severely mentally ill.
This bill would require the director to include additional
advisory committee members. This bill would also require additional
criteria to be used in awarding grants. The department would be
authorized to continue funding previously selected counties and to
select additional counties to provide comprehensive services to the
severely mentally ill. The 3-county limitation would be deleted.
Existing law reappropriates $10,000,000 to the department from a
specified item in the Budget Act of 1999 for the purpose of funding
grants. The provisions of this section are operative until July 1,
2000, and would be repealed on January 1, 2001.
This bill would reappropriate an unspecified sum to the department
from the Budget Act of 2000 for the purpose of funding grants
provided under the bill. This bill would also delete the repeal of
these provisions and thus continue them indefinitely.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5806 of the Welfare and Institutions Code is
amended to read:
5806. The State Department of Mental Health shall establish
service standards that ensure that members of the target population
are identified, and services provided to assist them to live
independently, work, and reach their potential as productive
citizens. The department shall provide annual oversight of grants
issued pursuant to this part for compliance with these standards.
These standards include but are not limited to:
(a) A service planning process that is target population based and
includes the following:
(1) Determination of the numbers of clients to be served and the
programs and services that will be provided to meet their needs. The
local director of mental health shall consult with the sheriff, the
police chief, the probation officer, the mental health board,
contract agencies, and family, client, ethnic and citizen
constituency groups as determined by the director.
(2) Plans for services including outreach, including outreach
to transition youth and to families whose severely mentally ill
adult is living with them, design of mental health services,
coordination and access to medications, substance abuse services,
supportive housing or other housing assistance, vocational
rehabilitation, and veterans' services. Plans shall also contain
evaluation strategies, which that shall
consider cultural, linguistic, gender, age, and special needs of
minorities in the target populations. Provision shall be made for
staff with the cultural background and linguistic skills necessary to
remove barriers to mental health services due to limited English
speaking ability and cultural differences.
(3) Provisions for services to meet the needs of target population
clients who are physically disabled.
(4) Provision for services to meet the special needs of older
adults.
(5) Provision for family support and consultation services,
parenting support and consultation services, and peer support or
self-help group support, where appropriate.
(6) Provision for services to be client-directed and that employ
psychosocial rehabilitation and recovery principles.
(7) Provision for transition youth diagnostic and assessment
processes and services designed specifically to meet the needs of 18
to 25 year olds, inclusive. These provisions may include
continuation of services that would still be received through other
funds had eligibility not been terminated due to age.
(b) Each client shall have either a clearly designated mental
health case manager or a multidisciplinary treatment team who is
responsible for providing or assuring needed services.
Responsibilities include complete assessment of the client's needs,
development of the client's personal services plan, linkage with all
appropriate community services, monitoring of the quality and follow
through of services, and necessary advocacy to ensure each client
receives those services which are agreed to in the personal services
plan. Each client shall participate in the development of his or her
personal services plan, and responsible staff shall consult with the
designated conservator and, with the consent of the client, consult
with the family and other significant persons as appropriate.
(c) The individual personal services plan shall ensure that
members of the target population involved in the system of care
receive age, gender, and culturally appropriate services, to the
extent feasible, that are designed to enable recipients to:
(1) Live in the most independent, least restrictive housing
feasible in the local community.
(2) Engage in the highest level of work or productive activity
appropriate to their abilities and experience.
(3) Create and maintain a support system consisting of friends,
family, and participation in community activities.
(4) Access an appropriate level of academic education or
vocational training.
(5) Obtain an adequate income.
(6) Self-manage their illness and exert as much control as
possible over both the day-to-day and long-term decisions which
affect their lives.
(7) Access necessary physical health care and maintain the best
possible physical health.
(8) Reduce or eliminate antisocial or criminal behavior and
thereby reduce or eliminate their contact with the criminal justice
system.
(9) Reduce or eliminate the distress caused by the symptoms of
mental illness.
(10) Have freedom from dangerous addictive substances.
(d) For purposes of this section and Section 5814, "transition
youth" are individuals 18 to 25 years old, inclusive, with the
conditions described in paragraph (2) of subdivision (a) of Section
5600.3.
SEC. 2. Section 5814 of the Welfare and Institutions Code is
amended to read:
5814. (a) (1) This part shall be implemented only to the extent
that funds are appropriated for purposes of this part. To the extent
that funds are made available, the first priority shall go to
maintain funding for the existing programs that meet adult system of
care contract goals.
(2) The director shall establish a methodology for awarding grants
under this part consistent with the legislative intent expressed in
Section 5802, and in consultation with the advisory committee
established in this subdivision.
(3) The director shall establish an advisory committee for the
purpose of providing advice regarding the development of criteria for
the award of grants, and the identification of specific performance
measures for evaluating the effectiveness of grants. The committee
shall include, but not be limited to, representatives from state,
county, and community veterans' services and disabled veterans
outreach programs, supportive housing and other housing assistance
programs, law enforcement, county mental health and private providers
of local mental health services and mental health outreach services,
the Board of Corrections, the State Department of Alcohol and Drug
Programs, local substance abuse services providers, the Department of
Rehabilitation, providers of local employment services, the
State Department of Social Services, a service provider to transition
youth, the Mental Health Association of California, the
California Alliance for the Mentally Ill, the California Network of
Mental Health Clients, and the Mental Health Planning Council.
(4) The criteria for the award of grants shall include, but not be
limited to, all of the following:
(A) A description of a comprehensive strategic plan for providing
outreach, prevention, intervention, and evaluation in a cost
appropriate manner corresponding to the criteria specified in
subdivision (c).
(B) A description of the local population to be served, ability to
administer an effective service program, and the degree to which
local agencies and advocates will support and collaborate with
program efforts.
(C) A description of efforts to maximize the utilization of other
state, federal, local, and charitable funds that can support and
enhance the cost-effectiveness of these programs.
(D) A description of efforts to obtain health foundation
charitable funds to expand and support these programs.
(b) In each year in which additional funding is provided by the
State Budget the department shall establish demonstration
programs that offer individual counties sufficient funds to
comprehensively serve severely mentally ill adults who are homeless,
recently released from a county jail or the state prison, or others
who are untreated, unstable, and at significant risk of incarceration
or homelessness unless treatment is provided to them and who are
severely mentally ill adults. For purposes of this subdivision,
"severely mentally ill adults" are those individuals described in
subdivision (b) of Section 5600.3 or transition youth .
In consultation with the advisory committee established pursuant to
paragraph (3) of subdivision (a), the department shall report to the
Legislature on or before May 1, 2000, and shall evaluate, at a
minimum, the effectiveness of the strategies in providing successful
outreach and reducing homelessness, involvement with local law
enforcement, and other measures identified by the department. The
evaluation shall include, as much of the following as available
information permits:
(1) The number of persons served, and of those, the number who are
able to maintain housing, and the number who receive extensive
community mental health services.
(2) The number of persons with contacts with local law enforcement
and the extent to which local and state incarceration has been
reduced or avoided.
(3) The number of persons participating in employment service
programs including competitive employment.
(4) The number of persons contacted in outreach efforts who appear
to be severely mentally ill, as described in Section 5600.3, who
have refused treatment after completion of all applicable outreach
measures.
(5) The amount of hospitalization that has been reduced or
avoided.
(c) Each demonstration project shall include
outreach and service grants in accordance with a contract between the
state and approved counties that reflects the number of anticipated
contacts with people who are homeless or at risk of homelessness, and
the number of those who are severely mentally ill and who are likely
to be successfully referred for treatment and will remain in
treatment until successfully discharged.
(e) (1) As used in this part, "receiving extensive mental health
services" means having a case manager, as described in subdivision
(b) of Section 5806, and having an individual personal service plan,
as described in subdivision (c) of Section 5806.
(2) The funding provided pursuant to this part shall be sufficient
to provide mental health services, medically necessary medications
to treat severe mental illnesses, alcohol and drug services,
supportive housing and other housing assistance, vocational
rehabilitation, money management assistance for accessing other
health care and obtaining federal income and housing support,
accessing veterans' services, and stipends to attract and retain
sufficient numbers of qualified professionals as necessary to provide
the necessary levels of these services. These grants shall,
however, pay for only that portion of the costs of those services not
otherwise provided by federal funds or other state funds.
(f) Contracts awarded pursuant to this part shall be exempt from
the Public Contract Code and the state administrative manual and
shall not be subject to the approval of the Department of General
Services.
(g) Notwithstanding any other provision of law, funds awarded to
counties pursuant to this part and Part 4 (commencing with Section
5850) shall not require a local match in funds.
SEC. 3. Section 5814.5 of the Welfare and Institutions Code is
amended to read:
5814.5. (a) Of the funds appropriated pursuant to Schedule (a) of
Item 4440-101-0001 of the Budget Act of 1999
2000 , the sum of ten million dollars ($10,000,000)
____ dollars ($__) shall be allocated in
accordance with the following schedule:
(1) The sum of five hundred thousand dollars ($500,000) shall be
reappropriated in augmentation of Schedule (a) of Item 4440-001-0001
of the Budget Act of 1999 2000 to
provide for departmental support for the additional administrative
costs associated with the augmentation contained in paragraph (2).
Specifically, this amount shall be utilized by the State Department
of Mental Health to provide for its administration of these programs,
and to work together with the Department of Finance, the Department
of Corrections, the Board of Corrections, state associations
representing law enforcement and local government, and the
Legislative Analyst, in order to collect and evaluate the program
performance and cost data pertaining to these programs.
(2) The sum of nine million five hundred thousand dollars
($9,500,000) is hereby allocated in augmentation of Item
4440-101-0001 of the Budget Act of 1999, to be awarded by the
department in the 1999-2000 fiscal year, for up to three
____ dollars ($__) shall be allocated for continuation and
expansion of counties funded in 1999-2000 that have successfully
demonstrated the cost-effectiveness of their grants received in that
year and demonstrate significant continued unmet need and capacity
for expansion without compromising quality or cost-effectiveness of
care and to other counties or portions of counties, that
demonstrate that the county can provide comprehensive services, as
set forth in this part, to a substantial number of adults who are
severely mentally ill, as defined in Section 5600.3, and are homeless
or recently released from the county jail or who are untreated,
unstable, and at significant risk of incarceration or homelessness
unless treatment is provided.
(b) (1) Counties eligible for funding pursuant to paragraph (2) of
subdivision (a) shall be those that have existing integrated adult
service programs that meet the criteria for an adult system of care,
as set forth in Section 5806, and that have, or can develop,
integrated forensic programs with similar characteristics for
parolees and those recently released from county jail who meet the
target population requirements of Section 5600.3 and are at risk of
incarceration unless the services are provided. Local enrollment for
integrated adult service programs and for integrated forensic
programs funded pursuant to paragraph (2) of subdivision (a) shall
adhere to all conditions set forth by the department, including the
total number of clients to be enrolled, the providers to which
clients are enrolled and the maximum cost for each provider, the
maximum number of clients to be served at any one time, the outreach
and screening process used to identify enrollees, and the total cost
of the program. Local enrollment of each individual for integrated
forensic programs shall be subject to the approval of the county
mental health director or his or her designee.
(2) Each county shall ensure that funds provided by these grants
are used to provide new services in accordance with the purpose for
which they were appropriated and allocated, and that none of these
funds shall be used to supplant existing services to severely
mentally ill adults. In order to ensure that this requirement is
met, the department shall develop methods and contractual
requirements, as it determines necessary. At a minimum, these
assurances shall include that state and federal requirements
regarding tracking of funds are met and that patient records are
maintained in such a manner as to protect privacy and
confidentiality, as required under federal and state law.
(c) Each county selected to receive a grant pursuant to this
section shall provide data as the department may require, that
demonstrates the outcomes of these adult system of care programs,
shall specify the additional numbers of severely mentally ill adults
to whom they will provide comprehensive services for each million
dollars of additional funding that may be awarded through either an
integrated adult service grant or an integrated forensic grant, and
shall agree to provide services in accordance with Section 5806.
(d) This section shall become inoperative on July 1, 2000, and, as
of January 1, 2001, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2001, deletes or extends
the dates on which it becomes inoperative and is repealed.