S 382 ISCommentsClose CommentsPermalink

To amend the Public Health Service Act to establish a State family support grant program to end the practice of parents giving legal custody of their seriously emotionally disturbed children to State agencies for the purpose of obtaining mental health services for those children.CommentsClose CommentsPermalink

January 24, 2007

Ms. COLLINS (for herself, Mr. HARKIN, Mr. KENNEDY, Mr. PRYOR, Mr. COLEMAN, Ms. CANTWELL, Mr. DURBIN, Ms. MIKULSKI, Mr. BINGAMAN, Mr. LAUTENBERG, and Mr. KERRY) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsCommentsClose CommentsPermalink

To amend the Public Health Service Act to establish a State family support grant program to end the practice of parents giving legal custody of their seriously emotionally disturbed children to State agencies for the purpose of obtaining mental health services for those children.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Keeping Families Together Act'.CommentsClose CommentsPermalink

SEC. 2. PURPOSE.

It is the purpose of this Act to assist States in eliminating the practice of parents giving custody of their seriously emotionally disturbed children to State agencies for the purpose of securing mental health care for those children.CommentsClose CommentsPermalink

SEC. 3. FAMILY SUPPORT GRANTS.

Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.) is amended--CommentsClose CommentsPermalink





(1) by redesignating the second part G (relating to services provided through religious organizations) as part J;CommentsClose CommentsPermalink





(2) by redesignating sections 581 through 584 of part J (as so redesignated) as sections 596 through 596C, respectively; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink

`PART K--FAMILY SUPPORT

`SEC. 597. FAMILY SUPPORT GRANTS.

`(a) In General- The Secretary, acting through the Administrator and in consultation with the task force established under section 597A, is authorized to award competitive grants to States to enable such States to establish systems of care to treat and provide services to all eligible children and youth. The Secretary shall ensure that the amount awarded to each grantee is sufficient to enable the grantee to accomplish the purposes of the grant.CommentsClose CommentsPermalink





`(b) Eligibility- To be eligible for a grant under subsection (a) a State shall--CommentsClose CommentsPermalink





`(1) have laws or policies in effect to ensure that children receive appropriate mental health services so that parents do not have to relinquish legal custody of such children;CommentsClose CommentsPermalink





`(2) submit to the Secretary an application from the Governor in accordance with subsection (c);CommentsClose CommentsPermalink





`(3) provide assurances that the State will provide matching funds in accordance with subsection (e); andCommentsClose CommentsPermalink





`(4) meet such other requirements as the Secretary determines appropriate.CommentsClose CommentsPermalink





`(c) Application-CommentsClose CommentsPermalink





`(1) IN GENERAL- An application submitted for a grant under this section shall include--CommentsClose CommentsPermalink





`(A) a brief description of the system of care that the State intends to establish with amounts received under the grant to ensure that eligible children and youth and their families receive the appropriate individualized mental health treatment and family support services necessary to keep such families together;CommentsClose CommentsPermalink





`(B) a description of the process by which the State will formulate a State plan that meets the requirements of paragraph (2), including participants, timelines, and any previous or ongoing efforts related to the establishment of a statewide system;CommentsClose CommentsPermalink





`(C) an estimate of the number of eligible children and youth in the State, and the number of eligible children and youth who will be served under the grant;CommentsClose CommentsPermalink





`(D) a description of existing systems of care in the State (including systems funded under section 561) and existing interagency collaboration that demonstrates a foundation on which the State can build a system of care under a grant under this section;CommentsClose CommentsPermalink





`(E) a brief description of the manner in which services for all eligible children and youth are expected to be funded under the system established by the State under the grant;CommentsClose CommentsPermalink





`(F) a description of children's mental health services capacity in the State and the steps that will be taken, if necessary, to ensure that adequate capacity exists to implement the proposed system of care;CommentsClose CommentsPermalink





`(G) a description of the source of the State matching funds; andCommentsClose CommentsPermalink





`(H) other information as required by the Secretary.CommentsClose CommentsPermalink





`(2) STATE PLAN- Prior to receiving funds under the grant for the second grant year, a State shall submit to the Secretary and the Secretary shall approve, a State plan that--CommentsClose CommentsPermalink





`(A) is developed through a collaborative process that includes the required State partners as represented by senior officials with policymaking authority, the required private partners, and other entities that the governor of the State determines appropriate;CommentsClose CommentsPermalink





`(B) contains a description and assessment of the effectiveness of the laws or policies that the State has in effect to ensure that children receive appropriate mental health services and that parents do not have to relinquish legal custody of such children in order to obtain such services;CommentsClose CommentsPermalink





`(C) contains a description of the services to be provided to eligible children and youth and the sources of such services, including the extent to which the State will build upon existing systems of care within the State;CommentsClose CommentsPermalink





`(D) contains a description of the procedures to be implemented for the early identification, assessment, and referral, by health care providers, mental health agencies, other child-serving entities, child welfare, corrections, and juvenile justice systems, of all eligible children and youth for appropriate care and for coordinating services among child welfare, juvenile justice, and child mental health agencies, including co-location of services as appropriate;CommentsClose CommentsPermalink





`(E) describes any legislative changes that are required to implement the State plan;CommentsClose CommentsPermalink





`(F) describes how the State screens children and youth entering the juvenile justice and child welfare systems for mental health problems, including the State's mental health screening procedures as part of the early and periodic screening, diagnostic, and treatment services described in section 1905(r) of the Social Security Act that are provided under the medicaid programs;CommentsClose CommentsPermalink





`(G) contains a description of the plan of the State for ensuring that there will be adequate capacity to serve all eligible children;CommentsClose CommentsPermalink





`(H) contains a description of the plan of the State for financing the system of care developed under the grant, including--CommentsClose CommentsPermalink





`(i) the manner in which the State will use--CommentsClose CommentsPermalink





`(I) contributions from State agencies;CommentsClose CommentsPermalink





`(II) State eligibility options or waivers authorized with respect to the State medicaid program such as those authorized under sections 1902(e)(3) and 1915(c) of the Social Security Act;CommentsClose CommentsPermalink





`(III) the State Children's Health Insurance Program under title XXI of the Social Security Act (including an assurance that grant funds will not be used as a State match under the medicaid or SCHIP programs); andCommentsClose CommentsPermalink





`(IV) other public health insurance mechanisms; andCommentsClose CommentsPermalink





`(ii) how Federal grant dollars will be used to enable the State to achieve a sustainable system of care to serve all eligible children and youth;CommentsClose CommentsPermalink





`(I) contains a description of how the State will, with respect to providing mental health treatment and services to eligible children and youth, provide outreach services to families of such children and youth, provide for public educational activities, and involve families of such children and youth in such treatment and services; andCommentsClose CommentsPermalink





`(J) establishes a method for tracking and reporting the number of children and youth entering child welfare and juvenile justice systems with significant mental health problems.CommentsClose CommentsPermalink





`(3) PRIORITY- In awarding grants under this section, the Secretary shall give priority to States--CommentsClose CommentsPermalink





`(A) that have a history of developing and supporting local or statewide systems care and of successful interagency collaboration;CommentsClose CommentsPermalink





`(B) that have taken steps to broaden access to community-based services for children with serious emotional disturbances;CommentsClose CommentsPermalink





`(C) that have provided reasonable estimates of the numbers of eligible children and youth;CommentsClose CommentsPermalink





`(D) that have sufficient mental health service capacity or specific plans for sufficiently increasing mental health services capacity to successfully implement the proposed system of care;CommentsClose CommentsPermalink





`(E) in which the governor's office will play a leading role in the formulation of the State plan required under paragraph (2); andCommentsClose CommentsPermalink





`(F) that will involve State juvenile and family court judges in the planning and oversight of the system of care.CommentsClose CommentsPermalink





`(d) Use of Funds- A State shall use amounts received under a grant under this section to--CommentsClose CommentsPermalink





`(1) establish State- and local-level infrastructure to allow for interagency cooperation and cross system financing to--CommentsClose CommentsPermalink





`(A) support the purchase and delivery of a comprehensive array of community-based mental health and family support services to all eligible children and youth and their families;CommentsClose CommentsPermalink





`(B) decrease categorical funding structures and eliminate inter-agency fragmentation of services; andCommentsClose CommentsPermalink





`(C) increase the capacity of the State and local agencies to share, among and between such respective agencies, public resources and improve parental access to services for children with mental health needs to eliminate the need to relinquish custody of their children in order for such children to receive treatment for such needs;CommentsClose CommentsPermalink





`(2) expand public health insurance programs to cover a comprehensive array of community-based mental health and family support services for eligible children and youth and their families that will be sustainable after the grant has expired;CommentsClose CommentsPermalink





`(3) deliver mental health care and family support services to eligible children and youth and their families as part of a transition to a sustainable system of care for such children and youth;CommentsClose CommentsPermalink





`(4) provide outreach and public education concerning programs and activities funded under this section;CommentsClose CommentsPermalink





`(5) provide training and professional development for personnel who work with eligible children and youth as required to successfully implement the State plan; andCommentsClose CommentsPermalink





`(6) carry out other administrative activities related to the programs and activities carried out under the grant, including the development and maintenance of data systems.CommentsClose CommentsPermalink





`(e) Matching Funds-CommentsClose CommentsPermalink





`(1) IN GENERAL- A State that receives a grant under this section shall, with respect to the costs to be incurred by the State in carrying out the purpose for which the grant is awarded, make available non-Federal contributions toward such costs in an amount that--CommentsClose CommentsPermalink





`(A) for the third fiscal year for which the entity receives payments from a grant under such subsection, is not less than $1 for each $2 of Federal funds provided in the grant;CommentsClose CommentsPermalink





`(B) for the fourth such fiscal year, is not less than $1 for each $1 of Federal funds provided in the grant; andCommentsClose CommentsPermalink





`(C) for the fifth and sixth such fiscal years, is not less than $2 for each $1 of Federal funds provided in the grant.CommentsClose CommentsPermalink





`(2) DETERMINATION OF AMOUNT CONTRIBUTED- Non-Federal contributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions.CommentsClose CommentsPermalink





`(3) ACCOUNTING REQUIRED- With respect to a State that complies with the requirement of paragraph (2) through the provision of in-kind contributions, such State shall provide the Secretary with an accounting that describes the value of such in-kind contributions.CommentsClose CommentsPermalink





`(f) Limitation on Use for Administrative Costs- Not more than 5 percent of the amount that a State receives under a grant under this section shall be used for administrative costs.CommentsClose CommentsPermalink





`(g) Payments- Grants under this section shall be payable over a 6-year period.CommentsClose CommentsPermalink





`(h) Reporting Requirements-CommentsClose CommentsPermalink





`(1) IN GENERAL- Secretary, acting through the Administrator and in consultation with the task force established under section 597A, shall require States to report information that is appropriate to permit an assessment to be made of the success of States in the implementation of programs under this section. Such information shall, at a minimum, include--CommentsClose CommentsPermalink





`(A) the number of eligible children and youth in foster care;CommentsClose CommentsPermalink





`(B) the number of eligible children and youth in residential treatment centers;CommentsClose CommentsPermalink





`(C) appropriate information concerning the participation and academic progress of eligible children and youth in school;CommentsClose CommentsPermalink





`(D) measures of the contacts of eligible children and youth with juvenile justice systems;CommentsClose CommentsPermalink





`(E) measures of the clinical improvement of eligible children and youth; andCommentsClose CommentsPermalink





`(F) information concerning the level of satisfaction of eligible children and youth and their families with services received.CommentsClose CommentsPermalink





`(2) ANNUAL REPORT BY STATES- Beginning with the second fiscal year in which a State receives funding under a grant under this section, the State shall annually report to the Secretary on the success of the programs and activities carried out by the State under the grant. Such reports shall include the information specified in paragraph (1) and other information required by the Secretary.CommentsClose CommentsPermalink





`(3) REPORTS BY THE SECRETARY-CommentsClose CommentsPermalink





`(A) IN GENERAL- Not later than 3 years after the date of enactment of this part, the Secretary shall submit to Congress a report on the success of States in using grants under this section to eliminate children and youth custody relinquishment solely to obtain mental health care. Such report shall include recommendations to strengthen the program under this section.CommentsClose CommentsPermalink





`(B) FINAL REPORT- Not later than 6 years after the date of enactment of this part, the Secretary shall submit to Congress a final report on the success of States in using grants under this section to eliminate children and youth custody relinquishment solely to obtain mental health care.CommentsClose CommentsPermalink





`(i) Technical Assistance- The Secretary, in consultation with the task force established under section 597A, may provide technical assistance to States in carrying out programs and activities under this section. The Secretary shall use not more than 20 percent of the amount appropriate for each fiscal year, not to exceed $5,000,000 in any such fiscal year, to carry out this subsection and shall coordinate technical assistance under this section with other technical assistance programs as appropriate.CommentsClose CommentsPermalink





`(j) Definitions- In this section:CommentsClose CommentsPermalink





`(1) ELIGIBLE CHILDREN AND YOUTH- The term `eligible children and youth' means children and youth under the age of 21 years who are in the custody of the State for the purpose of receiving mental health services or at-risk of entering into the custody of the State for the purpose of receiving mental health services.CommentsClose CommentsPermalink





`(2) FAMILY SUPPORT SERVICES- The term `family support services' means individualized services that are designed with input from the family and provided to eligible children and youth and their families to promote the mental health of an eligible child or youth, to strengthen the ability of family members to care for an eligible child or youth, or to enable an eligible child or youth to take advantage of other treatment and family support services.CommentsClose CommentsPermalink





`(3) REQUIRED PRIVATE PARTNERS- The term `required private partners' includes--CommentsClose CommentsPermalink





`(A) representatives of families of seriously emotionally disturbed children;CommentsClose CommentsPermalink





`(B) representatives of mental health care providers;CommentsClose CommentsPermalink





`(C) representatives of private health insurers; andCommentsClose CommentsPermalink





`(D) representatives of hospitals and residential care facilities.CommentsClose CommentsPermalink





`(4) REQUIRED STATE PARTNERS- The term `required State partners' with respect to a State includes--CommentsClose CommentsPermalink





`(A) the State agency responsible for children's mental health;CommentsClose CommentsPermalink





`(B) the State child welfare agency;CommentsClose CommentsPermalink





`(C) the State juvenile justice agency;CommentsClose CommentsPermalink





`(D) the State Medicaid agency;CommentsClose CommentsPermalink





`(E) the State education agency;CommentsClose CommentsPermalink





`(F) the State substance abuse agency;CommentsClose CommentsPermalink





`(G) the State bureau of insurance; andCommentsClose CommentsPermalink





`(H) the office of the Governor of the State.CommentsClose CommentsPermalink





`(5) STATE- The term `State' includes, in addition to the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, and Indian tribes.CommentsClose CommentsPermalink





`(k) Authorization of Appropriations- There are authorized to be appropriated to carry out this section, $8,500,000 for fiscal year 2008, $11,500,000 for fiscal year 2009, and $20,000,000 for each of fiscal years 2010 through 2013.CommentsClose CommentsPermalink

`SEC. 597A. TASK FORCE.

`(a) Establishment- The Administrator, in conjunction with the Director of the Office of Juvenile Justice and Delinquency Prevention, the Administrator of the Administration for Children and Families, the Administrator of the Centers for Medicare & Medicaid Services, and the Assistant Secretary of Education for Special Education, shall establish and staff a task force to examine problems of mental health in the child welfare and juvenile justice systems and issues with respect to access by children and youth to mental health services, and the role of their agencies in promoting access by children and youth to mental health services.CommentsClose CommentsPermalink





`(b) Duties- The task force established under subsection (a) shall--CommentsClose CommentsPermalink





`(1) work with mental health and child advocates, representatives of families of eligible children and youth, and representatives of State systems of care to make recommendations to Congress concerning strategies to improve the delivery of mental health services, including prevention services, to children and youth with serious emotional disturbances, including those who are at risk of dropping out of school or at risk of coming in contact with child welfare and juvenile justice systems;CommentsClose CommentsPermalink





`(2) work with mental health and child advocates, representatives of families of eligible children and youth, and representatives of State systems of care to develop improved reporting requirements for States concerning the number of children and youth entering child welfare and juvenile justice systems solely to access mental health services;CommentsClose CommentsPermalink





`(3) in consultation with States and appropriate stakeholders, create standard definitions for the categories of data to be collected on such children and youth;CommentsClose CommentsPermalink





`(4) foster interagency cooperation to eliminate the practice of custody relinquishment;CommentsClose CommentsPermalink





`(5) provide advice to the Administrator in implementation of the family support grant programs under section 597;CommentsClose CommentsPermalink





`(6) coordinate and deliver technical assistance to States and State agencies to help implement programs under such grant program;CommentsClose CommentsPermalink





`(7) make recommendations to break down barriers to coordination in existing Federal programs and to allow for more effective integration across agencies and programs; andCommentsClose CommentsPermalink





`(8) provide a biannual report to Congress on its recommendations and its progress in carrying out its duties, ending the practice of parents relinquishing legal custody of their children with serious emotional disturbances in order to obtain mental health services, and improving the delivery of mental health services to children with serious emotional disturbances.CommentsClose CommentsPermalink





`(c) Authorization of Appropriations- There are authorized to be appropriated to carry out this section, $1,000,000 for each of fiscal years 2008 through 2013. Of the amount appropriate for each fiscal year under this subsection, 60 percent of such amount shall be made available to the Secretary, 20 percent of such amount shall be made available to the Attorney General, and 20 percent of such amount shall be made available to the Secretary of Education.'.CommentsClose CommentsPermalink