SB 575 — Discharge plans; copies to public elementary and secondary schools.

SESSION INTRODUCEDSENATE 24100254DSUBSTITUTE I24107376D SENATE BILL NO.

575 OfferedAMENDMENT JanuaryIN 10,THE 2024NATURE NOF PrefiledA JanuarySUBSTITUTE 10,(Proposed 2024by Tthe Senate Committee on Education and Health on February 8, 2024) (Patron Prior to Substitute––Senator Obenshain) A Bplans;BILL to amend and reenact §§ 16.1-346.1 and 37.2-505 of the Code of Virginia, relating to discharge Be it enacted by the General Assembly of Virginia:chools.

copies1. to public elementary and secondary schools.e Code of Virginia, relating to disRharge –––––––––– Patron––Obenshain O –––––––––– D Referred to Committee on Education and Health –––––––––– 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.

AA. copy of the plan shall also be provided, upon request, to the minor's attorney and guardian ad litem.

IfPrior theto minordischarge wasof any minor admitted to inpatient treatment, including a stateminor facility,in thedetention or shelter care pursuant to an order of a juvenile and domestic relations district court, a discharge plan shallminor'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 containedhoused in a uniformdetention dischargehome documentupon developeddischarge, byto the Departmentcourt ofin Behavioralwhich Healththe petition has been filed and Developmentalthe Services.facility superintendent, or (b) if the minor is in custody of the local department of social services, to the department.

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

(ii)If (2)the specifyminor anyis incomea subsidiesstudent forat whicha public elementary or secondary school and the minorfacility isdeems eligible;that additional educational services are needed, the portions of the discharge plan related to the threat of violence or physical harm or additional educational services shall be provided to the school's Tental health professional or school counselor upon the completion of the discharge plan.

(iii)Prior (3)to identifyproviding allany localportion andof stateany agenciesdischarge whichplan willto a school's mental health professional or school counselor En accordance with the provisions of this subsection, each facility shall provide reasonable notice to the parent of such minor student of (a) the type of information that would be involvedincluded inas fora part of any (1) the minor'sinclusion treatmentof andany supporttypes of information in any portions of the communitydischarge butplan whichprovided arepursuant currentlytoe unavailable.this subsection or (2) the provision of any or all parts of the discharge plan;

Aand minor(c) inthe detentionperiod orof sheltertime carewithin priorwhich tothe admissionparent to inpatient treatment shall beprovide returnedwritten notice to the detention home, shelter care, or other facility approvedof byany thetypes Department of JuvenileinformatioU Justiceor withinportions 24of hours by the sheriffdischarge servingplan the jurisdictionprovision whereof thewhich minorhe wasrefuses detainedto uponallow releasein fromaccordance thewith treatingclBuse facility,(b). :

35C. unless the juvenile and domestic relations district court having jurisdiction over the case has provided 36 written authorization for release of the minor, prior to the scheduled date of release.

/A 37copy §of 37.2-505.the plan shall also be provided, upon request, to the minor's attorney and guardian ad discharge document developed by the Department of Behavioral Health and Developmental Services.S uniform The plan shall, at a minimum, (i) specify the services required by the released minor in the community :

36 to meet his needs for treatment, housing, nutrition, physical care, and safety;

(ii) specify any income 37 subsidies for which the minor is eligible;

(iii) identify all local and state agencies which will be involved 38 in providing treatment and support to the minor;

and (iv) specify services which would be approTriate 39 for the minor's treatment and support in the community but which are currently unavailable.

A mUnor in 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, unless the juvenile and domestic relations district court having jurisdiction over the case hasEprovided written authorization for release of the minor, prior to the scheduled date of release.

§ 37.2-505.

381. A.

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

preadmission screening and discharge planning for persons referred to the community services board.

To accomplish this coordination, the community services board shallshalS establish a structure and procedures involving staff from the community services board and, as appropriate,appropriat5, 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 andandea5 (ii) the local Rehabilitative Services office in the board's service area, (v) the local school division, and (vi) other pub2.public and private human services agencies, including licensed hospitals.

2.

In the case of inmates SB575S1 2 of 3 incarcerated in a regional jail, each community services board that serves a county or city that 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, SB575 2 of 2 3.

3.

If the individualminor is a student at a public elementary or secondary school,school and the dischargefacility plandeems shallthat be(i) providedthe todischarge theof divisionsuch superintendentminor andposes thea divisionthreat safetyof officialviolence designatedor pursuantphysical harm to subsectionself For ofothers §or 22.1-279.8(ii) inadditional educational services are needed, the localportions schoolof divisionthe indischarge whichplan related to the individualthreat attendsof suchviolence publicor secondaryphysical schoolharm ator leastadditional 48educational hoursservices priorshall be provided to the dischargeschool's mental health professional or school counselor upon the completion of suchthe individual.discharge plan.

NoPrior individualto shallproviding beany dischargedportion fromof any discharge plan to a stateschool's hospitalmental health professional or trainingschool centercounselor withoutin completionaccordance bywith the provisions of this subsection, the community services board shall provide reasonable notice to the parent of such minor student of (a) the type of information that would be included as a part of any portion of the discharge plan describedprovided inpursuant to this subdivision.subsection;

(b) the right of the parent to refuse (1) the inclusion of any types of information in any portions of the discharge plan provided pursuant to this subsection or (2) the provision of any or all parts of the discharge plan;

and (c) the period of time within which the parent shall provide written notice to the facility of any types of information or portions of the discharge plan the provision of which he refuses to allow in accordance with clause (b) No individual shall be discharged from a state hospital or training center without completion by the community services board of the discharge plan described in this subdivision.

Provide information, if available, to all hospitals licensed pursuant to Article 1 (§ 32.1-123 et seq.) of Chapter3 5 of TitleB. 32.1 about alcohol and substance abuse services available to minors.

B.The community services board may perform the functions set out in subdivision A 1 in the case with the community policy and management team in the coordination of services for troubled youthsating and the community policy and management team, but it remains responsible for performing thening team functions set out in subdivisions A 2 and A 3 in the case of children.

TheS communityE servicesN board may perform the functions set out in subdivision A 1T inE theS caseU ofB childrenS byT referringI themT toU theT locality'sE familyS assessment1 and planning team and by cooperating with the community policy and management team in the coordination of services for troubled youths and their families.

The community services board may involve the family assessment and planning team and the community policy and management team, but it remains responsible for performing the functions set out in subdivisions A 2 and A 3 in the case of children.