Title I — Strengthening and improving intervention efforts
I Strengthening and improving intervention efforts
Sec. 102 School-based mental health programs
“581. School-based mental health and children and violence
“(a) In general—The Secretary, in collaboration with the Secretary of Education and in consultation with the Attorney General, shall, directly or through grants, contracts, or cooperative agreements awarded to public entities and local educational agencies, assist local communities and schools in applying a public health approach to mental health services both in schools and in the community. Such approach should provide comprehensive age-appropriate services and supports, be linguistically and culturally appropriate, be trauma-informed, and incorporate age-appropriate strategies of positive behavioral interventions and supports. A comprehensive school mental health program funded under this section shall assist children in dealing with trauma and violence.
“(b) Activities—Under the program under subsection (a), the Secretary may—
“(1) provide financial support to enable local communities to implement a comprehensive culturally and linguistically appropriate, trauma-informed, and age-appropriate, school mental health program that incorporates positive behavioral interventions, client treatment, and supports to foster the health and development of children;
“(2) provide technical assistance to local communities with respect to the development of programs described in paragraph (1);
“(3) provide assistance to local communities in the development of policies to address child and adolescent trauma and mental health issues and violence when and if it occurs;
“(4) facilitate community partnerships among families, students, law enforcement agencies, education systems, mental health and substance use disorder service systems, family-based mental health service systems, welfare agencies, health care service systems (including physicians), faith-based programs, trauma networks, and other community-based systems; and
“(5) establish mechanisms for children and adolescents to report incidents of violence or plans by other children, adolescents, or adults to commit violence.
“(c) Requirements
“(1) In general—To be eligible for a grant, contract, or cooperative agreement under subsection (a), an entity shall—
“(A) be a partnership between a local educational agency and at least 1 community program or agency that is involved in mental health; and
“(B) submit an application, that is endorsed by all members of the partnership, that contains the assurances described in paragraph (2).
“(2) Required assurances—An application under paragraph (1) shall contain assurances as follows:
“(A) That the applicant will ensure that, in carrying out activities under this section, the local educational agency involved will enter into a memorandum of understanding—
“(i) with at least 1 public or private mental health entity, health care entity, law enforcement or juvenile justice entity, child welfare agency, family-based mental health entity, family or family organization, trauma network, or other community-based entity; and
“(ii) that clearly states—
“(I) how school-employed mental health professionals (such as school psychologists, school counselors, and school social workers) will be utilized in the comprehensive school mental health program;
“(II) the responsibilities of each partner with respect to the activities to be carried out;
“(III) how each such partner will be accountable for carrying out such responsibilities; and
“(IV) the amount of non-Federal funding or in-kind contributions that each such partner will contribute in order to sustain the program.
“(B) That the comprehensive school-based mental health program carried out under this section supports the flexible use of funds to address—
“(i) the promotion of the social, emotional, mental, and behavioral health and wellness of all students in an environment that is conducive to learning;
“(ii) the reduction in the likelihood of at risk students developing social, emotional, mental, and behavioral health problems, or substance use disorders;
“(iii) the early identification of social, emotional, mental, and behavioral problems, or substance use disorders and the provision of early intervention services;
“(iv) the treatment or referral for treatment of students with existing social, emotional, mental, and behavioral health problems, or substance use disorders; and
“(v) the development and implementation of programs to assist children in dealing with trauma and violence.
“(C) That the comprehensive school-based mental health program carried out under this section will provide for in-service training of all school personnel, including ancillary staff and volunteers, in—
“(i) the techniques and supports needed to identify early children with trauma histories and children with, or at risk of, mental illness;
“(ii) the use of referral mechanisms that effectively link such children to appropriate treatment and intervention services in the school and in the community and to follow-up when services are not available;
“(iii) strategies that promote the social, emotional, mental, and behavioral health and wellness of all students; and
“(iv) strategies to increase the knowledge and skills of school and community leaders about the impact of trauma and violence and on the application of a public health approach to comprehensive school-based mental health programs.
“(D) That the comprehensive school-based mental health program carried out under this section will include comprehensive training for parents, siblings, and other family members of children with mental health disorders, and for concerned members of the community in—
“(i) the techniques and supports needed to identify early children with trauma histories, and children with, or at risk of, mental illness;
“(ii) the use of referral mechanisms that effectively link such children to appropriate treatment and intervention services in the school and in the community and follow-up when such services are not available; and
“(iii) strategies that promote a school-wide positive environment.
“(E) That the comprehensive school-based mental health program carried out under this section will demonstrate the measures to be taken to sustain the program after funding under this section terminates.
“(F) That the local educational agency partnership involved is supported by the State educational and mental health system to ensure that the sustainability of the programs is established after funding under this section terminates.
“(G) That the comprehensive school-based mental health program carried out under this section will be based on trauma-informed and evidence-based practices.
“(H) That the comprehensive school-based mental health program carried out under this section will be coordinated with early intervening activities carried out under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).
“(I) That the comprehensive school-based mental health program carried out under this section will be trauma-informed and culturally and linguistically appropriate.
“(J) That the comprehensive school-based mental health program carried out under this section will include a broad needs assessment of youth who drop out of school due to policies of “zero tolerance” with respect to drugs, alcohol, or weapons and an inability to obtain appropriate services.
“(K) That the mental health services provided through the comprehensive school-based mental health program carried out under this section will be provided by qualified mental and behavioral health professionals who are certified or licensed by the State involved and practicing within their area of expertise.
“(3) Coordinator—Any entity that is a member of a partnership described in paragraph (1)(A) may serve as the coordinator of funding and activities under the grant if all members of the partnership agree.
“(4) Compliance with HIPAA—A grantee under this section shall be deemed to be a covered entity for purposes of compliance with the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–191; 110 Stat. 2033) with respect to any patient records developed through activities under the grant.
“(d) Geographical distribution—The Secretary shall ensure that grants, contracts, or cooperative agreements under subsection (a) will be distributed equitably among the regions of the country and among urban and rural areas.
“(e) Duration of awards—With respect to a grant, contract, or cooperative agreement under subsection (a), the period during which payments under such an award will be made to the recipient shall be 6 years. An entity may receive only 1 award under this section, except that an entity that is providing services and supports on a regional basis may receive additional funding after the expiration of the preceding grant period.
“(f) Evaluation and measures of outcomes
“(1) Development of process—The Administrator shall develop a fiscally appropriate process for evaluating activities carried out under this section. Such process shall include—
“(A) the development of guidelines for the submission of program data by grant, contract, or cooperative agreement recipients;
“(B) the development of measures of outcomes (in accordance with paragraph (2)) to be applied by such recipients in evaluating programs carried out under this section; and
“(C) the submission of annual reports by such recipients concerning the effectiveness of programs carried out under this section.
“(2) Measures of outcomes
“(A) In general—The Administrator shall develop measures of outcomes to be applied by recipients of assistance under this section, and the Administrator, in evaluating the effectiveness of programs carried out under this section. Such measures shall include student and family measures as provided for in subparagraph (B) and local educational measures as provided for under subparagraph (C).
“(B) Student and family measures of outcomes—The measures of outcomes developed under paragraph (1)(B) relating to students and families shall, with respect to activities carried out under a program under this section, at a minimum include provisions to evaluate whether the program is effective in—
“(i) improving social, emotional, mental, and behavioral health and wellness;
“(ii) increasing academic competency (as defined by the Secretary);
“(iii) reducing disruptive and aggressive behaviors;
“(iv) improving child functioning;
“(v) reducing substance use disorders;
“(vi) reducing suspensions, truancy, expulsions, and violence;
“(vii) increasing graduation rates (as defined in section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965); and
“(viii) improving access to care for mental health disorders.
“(C) Local educational outcomes—The outcome measures developed under paragraph (1)(B) relating to local educational systems shall, with respect to activities carried out under a program under this section, at a minimum include provisions to evaluate—
“(i) the effectiveness of comprehensive school mental health programs established under this section;
“(ii) the effectiveness of formal partnership linkages among child and family serving institutions, community support systems, and the educational system;
“(iii) the progress made in sustaining the program once funding under the grant has expired;
“(iv) the effectiveness of training and professional development programs for all school personnel that incorporate indicators that measure cultural and linguistic competencies under the program in a manner that incorporates appropriate cultural and linguistic training;
“(v) the improvement in perception of a safe and supportive learning environment among school staff, students, and parents;
“(vi) the improvement in case-finding of students in need of more intensive services and referral of identified students to early intervention and clinical services;
“(vii) the improvement in the immediate availability of clinical assessment and treatment services within the context of the local community to students posing a danger to themselves or others;
“(viii) the increased successful matriculation to postsecondary school; and
“(ix) reduced referrals to juvenile justice.
“(3) Submission of annual data—An entity that receives a grant, contract, or cooperative agreement under this section shall annually submit to the Administrator a report that includes data to evaluate the success of the program carried out by the entity based on whether such program is achieving the purposes of the program. Such reports shall utilize the measures of outcomes under paragraph (2) in a reasonable manner to demonstrate the progress of the program in achieving such purposes.
“(4) Evaluation by Administrator—Based on the data submitted under paragraph (3), the Administrator shall annually submit to Congress a report concerning the results and effectiveness of the programs carried out with assistance received under this section.
“(5) Limitation—A grantee shall use not to exceed 10 percent of amounts received under a grant under this section to carry out evaluation activities under this subsection.
“(g) Information and education—The Secretary shall establish comprehensive information and education programs to disseminate the findings of the knowledge development and application under this section to the general public and to health care professionals.
“(h) Amount of grants and authorization of appropriations
“(1) Amount of grants—A grant under this section shall be in an amount that is not more than $1,000,000 for each of grant years 2015 through 2019. The Secretary shall determine the amount of each such grant based on the population of children up to age 21 of the area to be served under the grant.
“(2) Authorization of appropriations—There is authorized to be appropriated to carry out this section, $200,000,000 for each of fiscal years 2015 through 2019.”
“G School-based mental health”
Sec. 103 Justice and mental health collaboration
“(i) Assisting Veterans
“(1) Definitions—In this subsection:
“(A) Peer to peer services or programs—The term peer to peer services or programs means services or programs that connect qualified veterans with other veterans for the purpose of providing support and mentorship to assist qualified veterans in obtaining treatment, recovery, stabilization, or rehabilitation.
“(B) Qualified veteran—The term qualified veteran means a preliminarily qualified offender who—
“(i) has served on active duty in any branch of the Armed Forces, including the National Guard and reserve components; and
“(ii) was discharged or released from such service under conditions other than dishonorable.
“(C) Veterans treatment court program—The term veterans treatment court program means a court program involving collaboration among criminal justice, veterans, and mental health and substance abuse agencies that provides qualified veterans with—
“(i) intensive judicial supervision and case management, which may include random and frequent drug testing where appropriate;
“(ii) a full continuum of treatment services, including mental health services, substance abuse services, medical services, and services to address trauma;
“(iii) alternatives to incarceration; or
“(iv) other appropriate services, which may include housing, transportation, mentoring, employment, job training, education, and assistance in applying for and obtaining available benefits.
“(2) Veterans assistance program
“(A) In general—The Attorney General, in consultation with the Secretary of Veterans Affairs, may award grants under this subsection to applicants to establish or expand—
“(i) veterans treatment court programs;
“(ii) peer to peer services or programs for qualified veterans;
“(iii) practices that identify and provide treatment, rehabilitation, legal, transitional, and other appropriate services to qualified veterans who have been incarcerated; and
“(iv) training programs to teach criminal justice, law enforcement, corrections, mental health, and substance abuse personnel how to identify and appropriately respond to incidents involving qualified veterans.
“(B) Priority—In awarding grants under this subsection, the Attorney General shall give priority to applications that—
“(i) demonstrate collaboration between and joint investments by criminal justice, mental health, substance abuse, and veterans service agencies;
“(ii) promote effective strategies to identify and reduce the risk of harm to qualified veterans and public safety; and
“(iii) propose interventions with empirical support to improve outcomes for qualified veterans.”
“(j) Correctional facilities
“(1) Definitions—In this subsection:
“(A) Correctional facility—The term correctional facility means a jail, prison, or other detention facility used to house people who have been arrested, detained, held, or convicted by a criminal justice agency or a court.
“(B) Eligible inmate—The term eligible inmate means an individual who—
“(i) is being held, detained, or incarcerated in a correctional facility; and
“(ii) manifests obvious signs of a mental illness or has been diagnosed by a qualified mental health professional as having a mental illness.
“(2) Correctional facility grants—The Attorney General may award grants to applicants to enhance the capabilities of a correctional facility—
“(A) to identify and screen for eligible inmates;
“(B) to plan and provide—
“(i) initial and periodic assessments of the clinical, medical, and social needs of inmates; and
“(ii) appropriate treatment and services that address the mental health and substance abuse needs of inmates;
“(C) to develop, implement, and enhance—
“(i) post-release transition plans for eligible inmates that, in a comprehensive manner, coordinate health, housing, medical, employment, and other appropriate services and public benefits;
“(ii) the availability of mental health care services and substance abuse treatment services; and
“(iii) alternatives to solitary confinement and segregated housing and mental health screening and treatment for inmates placed in solitary confinement or segregated housing; and
“(D) to train each employee of the correctional facility to identify and appropriately respond to incidents involving inmates with mental health or co-occurring mental health and substance abuse disorders.”
“(k) Demonstration grants responding to high utilizers
“(1) Definition—In this subsection, the term high utilizer means an individual who—
“(A) manifests obvious signs of mental illness or has been diagnosed by a qualified mental health professional as having a mental illness; and
“(B) consumes a significantly disproportionate quantity of public resources, such as emergency, housing, judicial, corrections, and law enforcement services.
“(2) Demonstration grants responding to high utilizers
“(A) In general—The Attorney General may award not more than 6 grants per year under this subsection to applicants for the purpose of reducing the use of public services by high utilizers.
“(B) Use of grants—A recipient of a grant awarded under this subsection may use the grant—
“(i) to develop or support multidisciplinary teams that coordinate, implement, and administer community-based crisis responses and long-term plans for high utilizers;
“(ii) to provide training on how to respond appropriately to the unique issues involving high utilizers for public service personnel, including criminal justice, mental health, substance abuse, emergency room, healthcare, law enforcement, corrections, and housing personnel;
“(iii) to develop or support alternatives to hospital and jail admissions for high utilizers that provide treatment, stabilization, and other appropriate supports in the least restrictive, yet appropriate, environment; or
“(iv) to develop protocols and systems among law enforcement, mental health, substance abuse, housing, corrections, and emergency medical service operations to provide coordinated assistance to high utilizers.
“(C) Report—Not later than the last day of the first year following the fiscal year in which a grant is awarded under this subsection, the recipient of the grant shall submit to the Attorney General a report that—
“(i) measures the performance of the grant recipient in reducing the use of public services by high utilizers; and
“(ii) provides a model set of practices, systems, or procedures that other jurisdictions may adopt to reduce the use of public services by high utilizers.”
“(F) Academy training—To provide support for academy curricula, law enforcement officer orientation programs, continuing education training, and other programs that teach law enforcement personnel how to identify and respond to incidents involving individuals with mental illness or co-occurring mental illness and substance abuse disorders.”
“(4) Priority consideration—The Attorney General, in awarding grants under this subsection, shall give priority to programs that law enforcement personnel and members of the mental health and substance abuse professions develop and administer cooperatively.”
“(4) propose interventions that have been shown by empirical evidence to reduce recidivism;
“(5) when appropriate, use validated assessment tools to target preliminarily qualified offenders with a moderate or high risk of recidivism and a need for treatment and services; or”
“(8) Preliminarily qualified offender
“(A) In general—The term preliminarily qualified offender means an adult or juvenile accused of an offense who—
“(i)
“(I) at any time, has been diagnosed by a qualified mental health professional as having a mental illness or co-occurring mental illness and substance abuse disorders;
“(II) manifests obvious signs of mental illness or co-occurring mental illness and substance abuse disorders during arrest or confinement or before any court; or
“(III) for purposes of a veterans treatment court program, as defined under subsection (i), has been diagnosed with, or manifests obvious signs of, mental illness or a substance abuse disorder or co-occurring mental illness and substance abuse disorder; and
“(ii) has been unanimously approved for participation in a program funded under this section by, when appropriate, the relevant—
“(I) prosecuting attorney;
“(II) defense attorney;
“(III) probation or corrections official;
“(IV) judge; and
“(V) representative from the relevant mental health agency described in subsection (b)(5)(B)(i).
“(B) Determination—In determining whether to designate an individual as a preliminarily qualified offender, the relevant prosecuting attorney, defense attorney, probation or corrections official, judge, and mental health or substance abuse agency representative shall take into account—
“(i) whether the participation of the individual in the program would pose a substantial risk of violence to the community;
“(ii) the criminal history of the individual and the nature and severity of the offense for which the individual is charged;
“(iii) the views of any relevant victims to the offense;
“(iv) the extent to which the individual would benefit from participation in the program carried out using a grant under this section;
“(v) the extent to which the community would realize cost savings because of the individual’s participation in the program; and
“(vi) whether the individual satisfies the eligibility criteria for program participation unanimously established by the relevant prosecuting attorney, defense attorney, probation or corrections official, judge and mental health or substance abuse agency representative.”
“(A) does not have as an element the use, attempted use, or threatened use of physical force against the person or property of another; or
“(B) is not a felony that by its nature involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.”
“(D) $40,000,000 for each of fiscal years 2015 through 2019.”
“(3) Limitation—Not more than 20 percent of the funds authorized to be appropriated under this subsection may be used for purposes described in subsection (i) (relating to veterans).”