[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2647 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2647

  To amend the Public Health Service Act to improve mental health and 
                substance abuse services for juveniles.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 11, 2007

Mr. Jefferson introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  To amend the Public Health Service Act to improve mental health and 
                substance abuse services for juveniles.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mental Health and Substance Abuse 
Juvenile Services Improvement Act of 2007''.

SEC. 2. MENTAL HEALTH SERVICES FOR CHILDREN, ADOLESCENTS, AND THEIR 
              FAMILIES.

    Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.) 
is amended by inserting after section 520A the following:

``SEC. 520B. MENTAL HEALTH SERVICES FOR CHILDREN, ADOLESCENTS, AND 
              THEIR FAMILIES.

    ``(a) In General.--In cooperation with the Secretary of Education, 
the Secretary of Health and Human Services shall support either 
directly or through grants, contracts, or cooperative agreements with 
public entities programs to promote mental health among all children, 
from birth through adolescence, and their families and to provide early 
intervention services to ameliorate identified mental health problems 
in such children.
    ``(b) Equitable Distribution.--The Secretary shall provide for an 
equitable distribution of grants, contracts, and cooperative agreements 
by region, to include urban, suburban, and rural regions, including 
Native American communities.
    ``(c) Priority.--In awarding grants, contracts, and cooperative 
agreements under this section, the Secretary shall give priority to 
those applicants who--
            ``(1) provide a comprehensive, community-based, culturally 
        competent and developmentally appropriate prevention and early 
        intervention program that provides for the identification of 
        early mental health problems and promotes the mental health and 
        enhances the resiliency of children from birth through 
        adolescence and of their families;
            ``(2) incorporate families, schools, and communities in an 
        integral role in the program;
            ``(3) coordinate behavioral health care services, 
        interventions, and supports in traditional and non-traditional 
        settings and provide a continuum of care for children from 
        birth through adolescence and for their families;
            ``(4) provide public health education to improve the 
        public's understanding of healthy emotional development;
            ``(5) provide training, technical assistance, consultation, 
        and support for community service providers, school personnel, 
        families, and children to promote healthy emotional development 
        and enhance resiliency in children from birth through 
        adolescence;
            ``(6) increase the resources available to such programs and 
        provide for their sustainability by requiring a commitment on 
        the part of local communities in which the programs provide 
        services;
            ``(7) provide for the evaluation of programs operating 
        under this section to ensure that they are providing intended 
        services in an efficient and effective manner; and
            ``(8) provide school-based mental health assessment and 
        treatment services conducted by a mental health professional 
        (who may be a school counselor, school nurse, school 
        psychologist, clinical psychologist, or school social worker) 
        in public elementary or secondary schools.
    ``(d) Matching Requirement.--A condition for an award under 
subsection (a) is that the entity involved agrees that the entity will, 
with respect to the costs to be incurred by the entity in carrying out 
the purpose described in such subsection, make available (directly or 
through donations from public or private entities) non-Federal 
contributions toward such costs in an amount that is not less than $1 
for each $3 of Federal funds provided in the award.
    ``(e) Durations of Grants.--With respect to an award under 
subsection (a), the period during which payments under such award are 
made to the recipient may not exceed 5 years.
    ``(f) Evaluation.--The Secretary shall ensure that entities 
receiving awards under subsection (a) carry out an evaluation of the 
project, including an evaluation of the effectiveness of program 
strategies, and short, intermediate, and long-term outcomes including 
the program's overall impact on strengthening families with young 
children and creating environments in home, school, and community 
settings that promote healthy emotional development and reduce 
incipient mental health and substance abuse problems. Local educational 
agencies receiving such awards shall ensure that the schools receiving 
these funds maintain an average ratio of one certified or licensed--
            ``(1) school counselor for every 150 students;
            ``(2) school nurse for every 350 students;
            ``(3) school psychologist for every 500 students; and
            ``(4) school social worker for every 400 students.
    ``(g) Definitions.--For purposes of this section:
            ``(1) The term `mental health' means a state of successful 
        performance of mental function, resulting in productive 
        activities, fulfilling relationships with other people, and the 
        ability to adapt to change and cope with adversity.
            ``(2) The term `mental illness' refers to all diagnosable 
        mental disorders (health conditions characterized by 
        alterations in thinking, mood, or behavior or some combination 
        thereof) associated with distress or impaired functioning or 
        both.
            ``(3) The term `mental health problem' refers to symptoms 
        of insufficient intensity or duration to meet the criteria for 
        any mental disorder.
            ``(4)(A) The term `mental health professional' refers to a 
        qualified counselor, nurse, psychologist, or social worker.
            ``(B) The terms `school counselor', `school nurse', `school 
        psychologist', and `school social worker' mean an individual 
        who possesses licensure or certification in the State involved, 
        and who meets professional standards for practice in schools 
        and related settings, as a school counselor, school nurse, 
        school psychologist, or school social worker, respectively.
            ``(5) The term `public entity' means any State, any 
        political subdivision of a State, including any local 
        educational agency, and any Indian tribe or tribal organization 
        (as defined in section 4(b) and section 4(c) of the Indian 
        Self-Determination and Education Assistance Act).
    ``(h) Authorization of Appropriation.--There are authorized to be 
appropriated to carry out this section $300,000,000 for fiscal year 
2008 and such sums as are necessary for each of fiscal years 2009 and 
2010. These funds are authorized to be used to carry out the provisions 
of this section and cannot be utilized to supplement or supplant 
funding provided for other mental health services programs.''.

SEC. 3. INITIATIVE FOR COMPREHENSIVE, INTERSYSTEM MENTAL HEALTH AND 
              SUBSTANCE ABUSE TREATMENT PROGRAMS FOR JUVENILES.

    Subpart 3 of part B of title V of the Public Health Service Act (42 
U.S.C. 290bb-31 et seq.) is amended by adding at the end the following:

``SEC. 520K INITIATIVE FOR COMPREHENSIVE, INTERSYSTEM MENTAL HEALTH AND 
              SUBSTANCE ABUSE TREATMENT PROGRAMS FOR JUVENILES.

    ``(a) In General.--The Attorney General of the United States and 
the Secretary, acting through the Director of the Center for Mental 
Health Services, shall award competitive grants to eligible entities 
for programs that address the service needs of juveniles, including 
juveniles with serious mental illnesses, by requiring the State or 
local juvenile justice system, the mental health system, and the 
substance abuse treatment system to work collaboratively to ensure--
            ``(1) the appropriate diversion of such juveniles from 
        incarceration;
            ``(2) the provision of appropriate mental health and 
        substance abuse services as an alternative to incarceration, 
        including for those juveniles on probation or parole; and
            ``(3) the provision of follow-up services for juveniles who 
        are discharged from the juvenile justice system.
    ``(b) Eligibility.--To be eligible to receive a grant under this 
section, an entity shall--
            ``(1) be a State or local juvenile justice agency, mental 
        health agency, or substance abuse agency (including community 
        diversion programs);
            ``(2) prepare and submit to the Secretary an application at 
        such time, in such manner, and containing such information as 
        the Secretary may require, including--
                    ``(A) an assurance that the applicant has the 
                consent of all entities described in paragraph (1) in 
                carrying out and coordinating activities under the 
                grant; and
                    ``(B) with respect to services for juveniles, an 
                assurance that the applicant has collaborated with the 
                State or local educational agency and the State or 
                local welfare agency in carrying out and coordinating 
                activities under the grant;
            ``(3) be given priority if the entity submits its 
        application jointly with juvenile justice and substance abuse 
        or mental health agencies; and
            ``(4) ensure that funds from non-Federal sources are 
        available to match amounts provided under the grant in an 
        amount that is not less than--
                    ``(A) with respect to the first 3 years under the 
                grant, 10 percent of the amount provided under the 
                grant; and
                    ``(B) with respect to the fourth and fifth years 
                under the grant, 30 percent of the amount provided 
                under the grant.
    ``(c) Use of Funds.--
            ``(1) Initial year.--An entity that receives a grant under 
        this section shall, in the first fiscal year in which amounts 
        are provided under the grant, use such amounts to develop a 
        collaborative plan--
                    ``(A) describing how the entity will institute a 
                system to provide intensive community services--
                            ``(i) to prevent high-risk juveniles from 
                        coming in contact with the justice system; and
                            ``(ii) to meet the mental health and 
                        substance abuse treatment needs of juveniles on 
                        probation or recently discharged from the 
                        justice system; and
                    ``(B) providing for the exchange by agencies of 
                information to enhance the provision of mental health 
                or substance abuse services to juveniles.
            ``(2) Second through fifth years.--With respect to the 
        second through fifth fiscal years in which amounts are provided 
        under the grant, the grantee shall use amounts provided under 
        the grant--
                    ``(A) to furnish services, such as assertive 
                community treatment, wrap-around services for 
                juveniles, multisystemic therapy, outreach, integrated 
                mental health and substance abuse treatment, case 
                management, health care, education and job training, 
                assistance in securing stable housing, finding a job or 
                obtaining income support, other benefits, access to 
                appropriate school-based services, transitional and 
                independent living services, mentoring programs, home-
                based services, and provision of appropriate after-
                school and summer programming;
                    ``(B) to establish a network of boundary spanners 
                to conduct regular meetings with judges, provide 
                liaison with mental health and substance abuse workers, 
                share and distribute information, and coordinate with 
                mental health and substance abuse treatment providers 
                and probation or parole officers concerning provision 
                of appropriate mental health and drug and alcohol 
                addiction services for individuals on probation or 
                parole;
                    ``(C) to provide cross-system training among 
                police, corrections, and mental health and substance 
                abuse providers with the purpose of enhancing 
                collaboration and the effectiveness of all systems;
                    ``(D) to provide coordinated and effective after-
                care programs for juveniles with emotional or mental 
                disorders who are discharged from jail, prison, or 
                juvenile facilities;
                    ``(E) to purchase technical assistance to achieve 
                the grant project's goals; and
                    ``(F) to furnish services, to train personnel in 
                collaborative approaches, and to enhance intersystem 
                collaboration.
            ``(3) Definition.--In paragraph (2)(B), the term `boundary 
        spanners' means professionals who act as case managers for 
        juveniles with mental disorders and substance abuse addictions, 
        within both justice agency facilities and community mental 
        health programs and who have full authority from both systems 
        to act as problem solvers and advocates on behalf of 
        individuals targeted for service under this program.
    ``(d) Area Served by the Project.--An entity receiving a grant 
under this section shall conduct activities under the grant to serve at 
least a single political jurisdiction.
    ``(e) Authorization of Appropriations.--For each of fiscal years 
2008 through 2013, there is authorized to be appropriated an amount 
equal to 10 percent of the amount appropriated under section 1935(a) 
for the respective fiscal year.''.

SEC. 4. FUNDING FOR EMERGENCY MENTAL HEALTH AND SUBSTANCE ABUSE 
              SERVICES FOR CHILDREN DIRECTLY AFFECTED BY PUBLIC HEALTH 
              EMERGENCIES.

    (a) In General.--Section 501(m) of the Public Health Service Act 
(42 U.S.C. 290aa(m)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``2.5 percent'' and inserting ``5 
                percent''; and
                    (B) by striking ``paragraph (2)'' and inserting 
                ``paragraphs (2) and (3)'';
            (2) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively; and
            (3) by inserting after paragraph (1), the following:
            ``(2) Condition.--A condition of paragraph (1) is that 2.5 
        percent of the funds subject to paragraph (1) may only be 
        available for the provision of emergency mental health and 
        substance abuse treatment and prevention services to children 
        who are directly affected by public health emergencies, 
        including diseases or disorders that present such emergencies, 
        natural disasters, major transportation accidents, 
        technological disasters, and disasters resulting from 
        terrorism.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to grants provided on or after January 1, 2008.

SEC. 5. CRISIS RESPONSE GRANTS TO ADDRESS CHILDREN'S NEEDS.

    Title III of the Public Health Service Act is amended by inserting 
after section 319M (42 U.S.C. 247d-7d) the following:

``SEC. 319N. CRISIS RESPONSE GRANTS TO ADDRESS CHILDREN'S NEEDS.

    ``(a) In General.--The Secretary may award grants to eligible 
entities described in subsection (b) to enable such entities to 
increase the coordination and development of disaster preparedness 
efforts relating to the needs of children.
    ``(b) Eligibility.--To be an eligible entity under this subsection, 
an entity shall--
            ``(1) be a State, political subdivision of a State, a 
        consortium of 2 or more States or political subdivisions of 
        States, a public or private non-profit agency or organization, 
        or other organization that serves children as determined 
        appropriate by the Secretary; and
            ``(2) prepare and submit to the Secretary an application at 
        such time, in such manner, and containing such information as 
        the Secretary may require.
    ``(c) Use of Funds.--An entity shall use amounts received under a 
grant under this section to carry out activities for the coordination 
and development of disaster preparedness efforts relating to the 
physical- and health-related needs of children.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section 
for fiscal year 2008.''.
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