HB 945 — Children's Mental Health

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hb0945-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 945 2020 treatment process whenever possible.

EnsureDevelop there is a processcare inplan place for informedthe consentchild, andadolescent, confidentialityor complianceyoung measures.adult.

PromoteProvide informationcare sharingcoordination andby facilitating the usetransition ofto innovativeongoing technology.services.

CoordinateEnsure withthere theis applicablea managingprocess entityin toplace establishfor informalinformed partnershipsconsent with key entities providing behavioral health services and supportsconfidentiality tocompliance children,measures. adolescents, or young adults and their families to facilitate continuity of care.

10.

Promote information sharing and the use of innovative technology.

11.

Coordinate with the managing entity within the service location and other key entities providing services and supports to the child, adolescent, or young adult and his or her family, including, but not limited to, the child, adolescent, or young adult's school, the local educational multiagency network for severely emotionally disturbed students under s.

1006.04, the child welfare system, and the juvenile justice system.

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Require that services be made available 24 hours per day, 7 days per week, with onsite response time to the location of the referred crisis within 60 minutes after the request for services is made.

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hb0945-02-c2hb0945-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 945 2020 2.3.

Require that services be made available 24 hours per day, 7 days per week.

3.

394.9082(5)(d), each managing entity shall leaddevelop the development of a plan that promotes the development and effective implementation of a coordinated system of care which integrates services provided through providers funded by the state's child-servingchild- serving systems and facilitates access by children and adolescents, as resources permit, to needed mental health treatment and services at any point of entry regardless of the Page 7 of 2724 CODING:

hb0945-02-c2hb0945-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 945 2020 access by children and adolescents, as resources permit, to needed mental health treatment and services at any point of entry regardless of the time of year, intensity, or complexity of the need, and other systems with which such children and adolescents are involved, as well as treatment and services available through other systems for which they would qualify.

(2)(a) The managing entity shall lead a planning process shallthat include,includes, but is not limited to, children and adolescents with behavioral health needs and their families;

State(b) agenciesThe managing entity and collaborating organizations shall providetake reasonableinto staffconsideration supportthe togeographical distribution of the planningpopulation, processneeds, ifand requestedresources, byand create separate plans on an individual county or multi-county basis, as needed, to maximize collaboration and communication at the managinglocal entity.level.

(b)(c) TheTo planningthe processextent shallpermitted takeby intoavailable considerationresources, the geographicalcoordinated distributionsystem of thecare population,shall needs,include andthe resources,array andof createservices separatelisted plansin ons. an individual county or multi-county basis, as needed, to maximize collaboration and communication at the local level.

Page394.495. 8 of 27 CODING:

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hb0945-02-c2hb0945-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 945 2020 (c)(d) ToEach theplan extentshall permittedintegrate bywith available resources, the coordinatedlocal systemplan ofdeveloped careunder shall include the array of services listed in s.

394.495.

(d) Each plan shall integrate with the local plan developed under s.

(3) By JanuaryJuly 1, 2022,2021, the managing entity shall complete the plans developed under this section and submit them to the department.

By JanuaryJuly 1, 2023,2022, the entities involved in the planning process shall implement the coordinated system of care specified in each plan.

394.495 Pageavailable 9under ofeach 27plan CODING:and include relevant information in its annual needs assessment required by s.

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hb0945-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 945 2020 available under each plan and include relevant information in its annual needs assessment required by s.

Paragraph (c) of subsection (3) and paragraphs (b) and (d) of subsection (5) of section 394.9082, Florida Statutes,Page are9 amended, and paragraph (t) is added to subsection (5) of that24 section,CODING: to read:

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hb0945-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 945 2020 Statutes, are amended, and paragraph (t) is added to subsection (5) of that section, to read:

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hb0945-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 945 2020 6.

(b) Conduct a community behavioral health care needs assessment every 3 years in the geographic area served by the managingPage entity10 whichof identifies24 needsCODING: by subregion.

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hb0945-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 945 2020 managing entity which identifies needs by subregion.

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hb0945-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 945 2020 Section 5.

public records exemption.— (14) (b)Page As11 a condition of licensure,24 fosterCODING: parents shall successfully complete preservice training.

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hb0945-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 945 2020 (b) As a condition of licensure, foster parents shall successfully complete preservice training.

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hb0945-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 945 2020 8.

409.967 Managed care plan accountability.— (2) The agency shall establish such contract requirements as are necessary for the operation of the statewide managed care program.Page 12 of 24 CODING:

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hb0945-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 945 2020 program.

A plan may contract with a new hospital facility before the date the hospital becomes operational if the hospital has commenced construction, will be licensed and operational by January 1, 2013, and a final order has issued in any civil or Pageadministrative 13challenge. of 27 CODING:

Each plan shall establish and maintain an accurate and complete electronic database of contracted providers, including information about licensure or registration, locations and hours of operation, specialty credentials and other certifications, specific performance indicators, and such other information as the agency deems necessary.

The database must be available online to both the agency and the public and have the capability to compare the Page 13 of 24 CODING:

hb0945-02-c2hb0945-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 945 2020 administrativeavailability challenge.of providers to network adequacy standards and to accept and display feedback from each provider's patients.

Each plan shall establish and maintain an accurate and complete electronic database of contracted providers, including information about licensure or registration, locations and hours of operation, specialty credentials and other certifications, specific performance indicators, and such other information as the agency deems necessary.

The database must be available online to both the agency and the public and have the capability to compare the availability of providers to network adequacy standards and to accept and display feedback from each provider's patients.

Each plan must ensure that the prior authorization process for prescribed drugs is readily accessible to health care providers, including posting appropriate contact information on its website and providing timely responses to Pageproviders. 14 of 27 CODING:

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hb0945-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 945 2020 providers.

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hb0945-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 945 2020 4.

and followup on all medically necessary services recommended as a Pageresult 15 of 27early CODING:and periodic screening, diagnosis, and treatment.

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hb0945-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 945 2020 result of early and periodic screening, diagnosis, and treatment.

Appropriate training and meet the minimum employment standardsPage established15 byof the24 department.CODING:

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hb0945-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 945 2020 standards established by the department.

The cooperative agreements between the departments shall include an interdepartmental plan to cooperate Pagein 16accomplishing the reduction of 27inappropriate CODING:transfers of children into the adult criminal justice and correctional systems.

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hb0945-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 945 2020 in accomplishing the reduction of inappropriate transfers of children into the adult criminal justice and correctional systems.

1003.02 District school board operation and control of publicPage K-1216 education within the school district.—As provided in part II of chapter24 1001,CODING: district school boards are constitutionally and statutorily charged with the operation and control of public K-12 education within their school district.

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hb0945-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 945 2020 public K-12 education within the school district.—As provided in part II of chapter 1001, district school boards are constitutionally and statutorily charged with the operation and control of public K-12 education within their school district.

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hb0945-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 945 2020 Section 10.

In developing the protocol, the institute shall, at a minimum, consult with school districts thatPage effectively17 use such teams, school districts that use such teams less often, local law enforcement agencies, the Department of Children24 andCODING: Families, managing entities as defined in s.

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hb0945-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 945 2020 that effectively use such teams, school districts that use such teams less often, local law enforcement agencies, the Department of Children and Families, managing entities as defined in s.

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hb0945-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 945 2020 2.

Facilitate student and family access to effective services and programs for students with and at risk of emotional orPage behavioral18 disabilities that include necessary educational, residential, and mental health treatment services, enabling these students to learn appropriate behaviors, reduce dependency, and fully participate in all aspects of school24 andCODING: community living.

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hb0945-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 945 2020 or behavioral disabilities that include necessary educational, residential, and mental health treatment services, enabling these students to learn appropriate behaviors, reduce dependency, and fully participate in all aspects of school and community living.

1011.62 Funds for operation of schools.—If the annual allocation from the Florida Education Finance Program to each district for operation of schools is not determined in the annual appropriations act or the substantive bill implementing Pagethe 19annual ofappropriations 27act, CODING:it shall be determined as follows:

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hb0945-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 945 2020 the annual appropriations act, it shall be determined as follows:

Each school district shall receivePage a19 minimum of $100,000,24 withCODING: the remaining balance allocated based on each school district's proportionate share of the state's total unweighted full-time equivalent student enrollment.

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hb0945-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 945 2020 receive a minimum of $100,000, with the remaining balance allocated based on each school district's proportionate share of the state's total unweighted full-time equivalent student enrollment.

(b) The plans required under paragraph (a) must be focused on a multitiered system of supports to deliver evidence-based mental health care assessment, diagnosis, intervention, Pagetreatment, 20and recovery services to students with one or more mental health or co-occurring substance abuse diagnoses and to students at high risk of 27such CODING:diagnoses.

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hb0945-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 945 2020 treatment, and recovery services to students with one or more mental health or co-occurring substance abuse diagnoses and to students at high risk of such diagnoses.

These providersPage include,20 butof are24 notCODING: limited to, certified school counselors, school psychologists, school social workers, and other licensed mental health professionals.

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hb0945-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 945 2020 providers include, but are not limited to, certified school counselors, school psychologists, school social workers, and other licensed mental health professionals.

An interagency agreement or memorandum of understanding with the managing entity, as defined in s.

394.9082(2), that facilitates referrals of students to community-based services and coordinates care for students served by school-based and community-based providers.

Such agreement or memorandum of understanding must address the sharing of records and information as authorized under s.

1006.07(7)(d) to coordinate care and increase access to appropriate services.

3.2.

Services may include, but are not limited to, mental health screenings and assessments, individual counseling, family counseling, group Pagecounseling, 21psychiatric ofor 27psychological CODING:services, trauma- informed care, mobile crisis services, and behavior modification.

These behavioral health services may be provided Page 21 of 24 CODING:

hb0945-02-c2hb0945-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 945 2020 counseling,on psychiatric or psychologicaloff services,the trauma-school informedcampus care,and mobilemay crisisbe services,supplemented andby behaviortelehealth. modification.

These4.3. behavioral health services may be provided on or off the school campus and may be supplemented by telehealth.

3.

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Students who are referred to a school-based or community-based mental health service provider for mental health screening for the identification of mental health concerns and ensure that the assessment of students at risk for mental health Page 22 of 24 CODING:

hb0945-02-c2hb0945-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 945 2020 c.disorders occurs within 15 days of referral.

Students who are referred to a school-based or community-based mental health service provider for mental health screening for the identification of mental health concerns and ensure that the assessment of students at risk for mental health disorders occurs within 15 days of referral.

4.5.4.

Strategies or programs to reduce the likelihood of at-at-risk risk students developing social, emotional, or behavioral health problems, depression, anxiety disorders, suicidal tendencies, or substance use disorders.

5.6.5.

Strategies to improve the early identification of social, emotional, or behavioral problems or substance use disorders, to improve the provision of early intervention Pageservices, 23and ofto 27assist CODING:students in dealing with trauma and violence.

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hb0945-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 945 2020 services, and to assist students in dealing with trauma and violence.

ParagraphThe (l)Department of subsectionChildren (3)and Families and the Agency for Health Care Administration shall assess the quality of sectioncare 1002.20,provided Floridain Statutes,crisis isstabilization amendedunits to read:Page 23 of 24 CODING:

1002.20 K-12 student and parent rights.—Parents of public school students must receive accurate and timely information regarding their child's academic progress and must be informed of ways they can help their child to succeed in school.

K-12 students and their parents are afforded numerous statutory rights including, but not limited to, the following:

(3) HEALTH ISSUES.— (l) Notification of involuntary examinations.—The public school principal or the principal's designee shall immediately notify the parent of a student who is removed from school, school transportation, or a school-sponsored activity and taken to a receiving facility for an involuntary examination pursuant to s.

394.463.

The principal or the principal's designee may delay notification for no more than 24 hours after the student is removed if the principal or the principal's designee deems the delay to be in the student's best interest and if a report has been submitted to the central abuse hotline, pursuant to s.

39.201, based upon knowledge or suspicion of abuse, abandonment, or neglect.

Before a student is removed from school, school transportation, or a school-sponsored activity, the principal or the principal's designee must verify that de-escalation Page 24 of 27 CODING:

hb0945-02-c2hb0945-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 945 2020 strategieschildren have been utilized and outreachadolescents towho aare mobilehigh responseutilizers teamof hascrisis beenstabilization initiatedservices. under policies and procedures established under s.

1011.62(16), unless the principal or the principal's designee reasonably believes that any delay in removing the student will increase the likelihood of harm to the student or others.

Each district school board shall develop a policy and procedures for notification under this paragraph.

Section 14.

Paragraph (q) of subsection (9) of section 1002.33, Florida Statutes, is amended to read:

1002.33 Charter schools.— (9) CHARTER SCHOOL REQUIREMENTS.— (q) The charter school principal or the principal's designee shall immediately notify the parent of a student who is removed from school, school transportation, or a school- sponsored activity and taken to a receiving facility for an involuntary examination pursuant to s.

394.463.

The principal or the principal's designee may delay notification for no more than 24 hours after the student is removed if the principal or the principal's designee deems the delay to be in the student's best interest and if a report has been submitted to the central abuse hotline, pursuant to s.

39.201, based upon knowledge or suspicion of abuse, abandonment, or neglect.

Before a student is removed from school, school transportation, or a school- sponsored activity, the principal or the principal's designee must verify that de-escalation strategies have been utilized and Page 25 of 27 CODING:

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hb0945-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 945 2020 outreach to a mobile response team has been initiated under policies and procedures established under s.

1011.62(16), unless the principal or the principal's designee reasonably believes that any delay in removing the student will increase the likelihood of harm to the student or others.

Each charter school governing board shall develop a policy and procedures for notification under this paragraph.

Section 15.

The Department of Children and Families and the Agency for Health Care Administration shall assess the quality of care provided in crisis stabilization units to children and adolescents who are high utilizers of crisis stabilization services.

The department and agency shall jointly submit a report of their Pagefindings 26and recommendations to the Governor, the President of 27the CODING:Senate, and the Speaker of the House of Representatives by November 15, 2020.

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hb0945-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 945 2020 findings and recommendations to the Governor, the President of the Senate, and the Speaker of the House of Representatives by November 15, 2020.

Section 16.

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