HB 1017 — Minors admitted to inpatient treatment; discharge plans.

SESSION INTRODUCEDHOUSE 24100255DSUBSTITUTE I24107354D HOUSEAMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee on Education on February 7, 2024) (Patron Prior to Substitute––Delegate Wilt) A BILL NO.to amend and reenact §§ 16.1-346.1 and 37.2-505 of the Code of Virginia, relating to minors admitted to inpatient treatment;

1017discharge Offeredplans; January 10, 2024 N Prefiled January 10, 2024 T A Bplans;

copiesportion to publicbe elementaryprovided and secondary schools.e Code of Virginia, relating to disRhargedivision ––––––––––superintendent Patron––Wiltin Ocertain ––––––––––circumstances. D Referred to Committee on Education –––––––––– U Be it enacted by the General Assembly of Virginia:

C 1.

Prior§ to16.1-346.1. discharge of any minor admitted to inpatient treatment, including a minor in detention or shelter care pursuant to an order of a juvenile and domestic relations district court, a discharge plan shall be formulated, provided and explained to the minor, and copies thereof shall be sent (i) to the minor's parents or (ii) if the minor is in the custody of the local department of social services, to the department's director or the director's designee or (iii) to the minor's parents and (a) if the juvenile is to be housed in a detention home upon discharge, to the court in which the petition has been filed and the facility superintendent, or (b) if the minor is in custody of the local department of social services, to the department.

IfDischarge theplan. minor is a student at a public elementary or secondary school, the discharge plan subsection F of § t22.1-279.8 in the local school division in which the minor attends such publicuant to elementary or secondary school at least 48 hours prior to the discharge of such minor.

APrior copyto discharge of theany minor admitted to inpatient treatment, including a minor in detention or shelter care pursuant to an order of a juvenile and domestic relations district court, a discharge plan shall alsobe formulated, provided and explained to the minor, and copies thereof shall be provided,sent (i) to the minor's parents or (ii) if the minor is in the custody of the local department of social servicOs, to the be housed in a detention home upon request,discharge, to the minor'scourt attorneyin which the petition has been filed and guardianthee adis litem.to facility superintendent, or (b) if the minor is in custody of the local department of social services, to the department.

If th0the minor wasis admitteda tostudent at a statepublic facility,elementary or secondary school and the dischargefacility plandeems shallthat bethe containeddischarge inof such minor poses a uniformthreat of violence or physical harm to self or others,Sonly portions of the discharge 7ocumentplan developedrelated byto the Departmentthreat of Behavioralviolence Healthor andphysical Developmentalharm Services.shall be provided to the division superintendent upon the completion of the discharge plan.

TheA plancopy shall,of atthe aplan minimum,shall (i)alsE (1)be specifystate facility, the servicesdischarge requiredplan byshall thebe releasedcontained minor in thea communityuniform todischarge meetdocument hisdeveloped needsby forthe treatment,Department housing,of nutrition,Behavioral physicalHealth care, and safety;Developmental Services.

The plan shall, at a minimum, (i) (1) specify the services required by the released minor in the community to meet his needs for treaSment, housing, nutrition, physical care, and safety;

(iii) (3) identify all local and state agencies which will be involved in forproviding the minor's treatment and support into the communityminor; but which are currently unavailable.

Aand minor(iv) in(4) detentionspecify orservices shelterwhich carewould be appropriate for the minor's Breatment prior to admission to inpatient treatment shall be returned to the detention home, shelter care, or other facility approved by the Department of Juvenile Justice within 24 hours by the sheriff serving the jurisdiction where the minor was detained upon release from the treating facility, 35 unless the juvenile and domestic relations district court having jurisdiction over the case has provided 36 written authorizationauthorIzation for release of the minor, prior to the scheduled date of release.

3736 § 37.2-505.

T 38 A.1.

TheBe responsible for coordinating the community services boardnecessary shallto fulfillaccomplish effective U 39 preadmission screening and discharge planning for persons referred to the followingcommunity responsibilities:services board.

40 When preadmission screening andreports dischargeare planningrequired forby personsthe referredcourt toon an emergency basis pursuant toT Article 5 (§ 37.2-814 et seq.) of Chapter 8, the community services board.board shall ensure the deveEopment of the report for the court.

WhenTo preadmissionaccomplish screeningthis reportscoordination, arethe requiredcommunity byservices theboard courtshall onestablish ana emergencystructure basisand pursuantprocedures toinvolving Articlestaff 5from (§the 37.2-814community etservices seq.)board ofand, Chapteras 8,appropriate, representatives from (i) the communitystate serviceshospital boardor shalltraining ensurecenter serving the developmentboard's ofservice area, (ii) the reportlocal forRehabilitative Services office in the court.board's service area, (v) the local school division, and (vi) other public and private human services agencies, including licensed hospitals.

To2. accomplish this coordination, the community services board shall establish a structure and procedures involving staff from the community services board and, as appropriate, representatives from (i) the state hospital or training center serving the board's service area, (ii) the local department of social services, (iii) the health department, (iv) the Department for Aging and Rehabilitative Services office in the board's service area, (v) the local school division, and (vi) other pub2.

Provide preadmission screening services prior to the admission for treatment pursuant to § 37.2-805 or Article 5 (§ 37.2-814 et seq.) of Chapter 8 of any person who requires emergency mentalHental health services while in a city or county served by the community services board.

In the case ofo1 inmates incarcerated in a regional jail, each community services board that serves a county or city thattha1 is a participant in the regional jail shall review any existing Memorandum of Understanding between the community services board and any other community services boards that serve the regional jail to ensure that such memorandum sets forth the roles and responsibilities of each community services board in the preadmission screening process, provides for communication and information sharing protocols between the community services boards, and provides for due consideration, including financial consideration, should there be disproportionate obligations on one of the community services boards.lboards. consideration, HB1017 2 of 2 3.

Provide,3. in consultation with the appropriate state hospital or training center, discharge planning for any individual who, prior to admission, resided in a city or county served by the community services board or who chooses to reside after discharge in a city or county served by the board and who is to be released from a state hospital or training center pursuant to § 37.2-837.

Provide, in consultation with the appropriate state hospital or training center, discharge planning for any individual who, prior to admission, resided in a city or county served by the community services HB1017H1 2 of 2 board or who chooses to reside after discharge in a city or county served by the board and who is to be released from a state hospital or training center pursuant to § 37.2-837.

If the individualminor is a student at a public elementary or secondary school,school and the dischargefacility plandeems shallthat bethe provideddischarge toof thesuch divisionminor superintendentposes anda thethreat divisionof safetyviolence officialor designatedphysical pursuantharm to subsectionself For ofothers, §only 22.1-279.8portions inof the localdischarge schoolplan divisionrelated into which the individualthreat attendsof suchviolence publicor secondaryphysical schoolharm atshall leastbe 48provided hoursto priorthe todivision superintendent upon the dischargecompletion of suchthe individual.discharge plan.